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BOWENS v. TYSON

No. 74370.

578 So.2d 696 (1991)

Michael BOWENS, Petitioner, v. Robert W. TYSON, Jr., Judge, Etc., et al., Respondents.

Supreme Court of Florida.

April 25, 1991.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender and Steven Michaelson, Chief Asst. Public Defender, Appellate Div., Seventeenth Judicial Circuit, Ft. Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen. and Bonnie Jean Parrish, Asst. Atty. Gen., Daytona Beach, for respondents.

SHAW, Chief Justice.

We review Bowens v. Tyson, 543 So.2d 851 (Fla. 4th DCA 1989), to answer the following certified question:

Is a defendant who is held in custody for thirty days without the filing of an information or indictment entitled to automatic pretrial release under Florida Rule of Criminal Procedure 3.133(b)(6), even though the state files an information before the court hears the defendant's motion for...

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