STEPHENSON v. RICE

No. 90-03571.

574 So.2d 286 (1991)

George STEPHENSON, Sr., Petitioner, v. Everett RICE, Sheriff, Pinellas County, Respondent.

District Court of Appeal of Florida, Second District.

February 13, 1991.


Attorney(s) appearing for the Case

Mary G. Obermeyer, Clearwater, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Anne Y. Swing, Asst. Atty. Gen., Tampa, for respondent.


PER CURIAM.

The petitioner seeks a writ of habeas corpus contending that he is being held unlawfully without the state properly establishing probable cause to believe that he has committed an offense. We agree with his argument and grant the writ of habeas corpus.

The petitioner was arrested for two counts of sexual battery. When he had not been charged by indictment or information within twenty-one days from his arrest, he demanded an adversary preliminary...

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