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MURRAY v. KEARNEY

No. 4D99-2970.

770 So.2d 273 (2000)

Charles MURRAY, Petitioner, v. Kathleen A. KEARNEY, Secretary, Department of Children and Families, and the State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

November 1, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and John E. Morrison, Assistant Public Defender, Miami, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Margaret Brenan, Assistant Attorney General, Miami, for respondents.

ON MOTION FOR REHEARING

WARNER, C.J.

We withdraw our previously issued opinion and substitute the following in its place.

This is a petition for writ of habeas corpus filed by Charles Murray seeking an order of this court releasing him from a residential treatment center to probation. We conclude that we do not have jurisdiction and dismiss the petition.

In Dade County, petitioner was convicted, through a negotiated plea, of sexual...

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