ROBINSON v. McCAMPBELL

No. 97-3210.

699 So.2d 788 (1997)

Kelvin B. ROBINSON, Petitioner, v. Susan W. McCAMPBELL, Interim Sheriff of Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

September 19, 1997.


Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and Donald J. Cannarozzi, Assistant Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for respondent.


PER CURIAM.

We grant the petition for habeas corpus and remand with direction to consider pretrial release in accordance with Florida Rule of Criminal Procedure 3.131.

The state has failed to respond to the critical point in the petition that the fingerprint evidence alone was insufficient for the trial court to conclude that the "proof is evident or the presumption great" that petitioner is guilty beyond a reasonable doubt of the offenses charged. State...

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