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McCASKILL v. McMILLAN

Nos. 90-1483, 90-1484, 90-1665 and 90-1666.

563 So.2d 800 (1990)

Cleophus L. McCASKILL, Petitioner, v. Jim McMILLAN, Sheriff of Duval County, and the State of Florida, Respondent. Steven VALDEZ a/K/a Steven Shaunstone, Petitioner, v. Honorable Tom TRAMEL As Sheriff of Columbia County, Florida, Respondent. Lawrence A. DEMERS, Petitioner, v. Honorable Tom TRAMEL As Sheriff of Columbia County, Florida, Respondent. Kevin John ORY, Petitioner, v. Honorable Tom TRAMEL As Sheriff of Columbia County, Florida, Respondent.

District Court of Appeal of Florida, First District.

June 21, 1990.

Attorney(s) appearing for the Case

Louis O. Frost, Jr., Public Defender, and James T. Miller, Asst. Public Defender, for petitioner McCaskill.

C. Dennis Roberts, Public Defender, and Jonathon Dingus, Asst. Public Defender, for petitioner Valdez.

John J. Terhune, Live Oak, for petitioners Demers and Ory.

Robert A. Butterworth, Atty. Gen., and Edward C. Hill, Asst. Atty. Gen., for respondents.

PER CURIAM.

We have consolidated these petitions for opinion because they raise similar issues concerning the proper interpretation of Rule 3.133(b)(6), Florida Rules of Criminal Procedure.

Cleophus McCaskill was arrested on April 11, 1990, for armed robbery. When no information was filed within 21 days, he moved for an adversary preliminary hearing pursuant to Rule 3.133(b)(1). On May 16, McCaskill sought relief pursuant to Rule 3.133(b)(6). A hearing was...

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