PAEZ v. MANNING

No. 97-2175.

696 So.2d 1368 (1997)

Adalberto PAEZ, Petitioner, v. Donald MANNING, Director, Dade County Department of Corrections, etc., Respondent.

District Court of Appeal of Florida, Third District.

July 29, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John E. Morrison, Special Assistant Public Defender, for appellant.

Robert A. Butterworth, Attorney General, and Paulette R. Taylor, Assistant Attorney General, for appellee.

Before GERSTEN, GODERICH and SHEVIN, JJ.


PER CURIAM.

The state correctly concedes that the record does not support the court's finding that the petitioner has the present ability to pay the purge amount. Bowen v. Bowen 471 So.2d 1274 (Fla.1985). We grant the petition for habeas corpus and order petitioner's release forthwith. On remand, the court may conduct further appropriate proceedings.

Habeas corpus granted; cause...

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