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HERNANDEZ v. DUGGER

No. 88-287-CIV-T-15A.

829 F.Supp. 372 (1992)

Herbert HERNANDEZ, Petitioner, v. Richard L. DUGGER, Secretary, Department of Corrections, State of Florida, Respondent.

United States District Court, M.D. Florida, Tampa Division.

Order Denying Reconsideration, August 17, 1993.

Attorney(s) appearing for the Case

Anthony F. Gonzalez, Julianne M. Holt, Tampa, FL, for petitioner.

Carol M. Dittmar, Atty. General's Office, Tampa Crim. Div., Tampa, FL, for respondent.

ORDER GRANTING WRIT OF HABEAS CORPUS

MERRYDAY, District Judge.

Herbert Hernandez seeks a writ of habeas corpus pursuant to 28 U.S.C. § 2254. For the following reasons, the petition for writ of habeas corpus is GRANTED. The writ shall issue unless the State of Florida retries Hernandez within 180 days.

On September 16, 1986, petitioner Hernandez was convicted by a jury in Florida's circuit court on two counts of sexual battery upon a child...

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