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BLOUNT v. SPEARS

No. 3D00-1187.

758 So.2d 1287 (2000)

Kennith BLOUNT, Petitioner, v. Lois SPEARS, Director Dade County Corrections and Rehabilitation Department, Respondent.

District Court of Appeal of Florida, Third District.

June 14, 2000.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Suzanne M. Froix, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General and Linda S. Katz, Assistant Attorney General, for respondent.

Before SCHWARTZ, C.J., and LEVY and FLETCHER, JJ.

SCHWARTZ, Chief Judge.

At first appearance, the magistrate determined that the arrest affidavit did not justify the felony charge of burglary with an assault asserted against the defendant Blount, reduced the offense to the misdemeanor of simple battery and ordered his release to pre-trial services with an alternative $1500.00 bond. On the basis only of the information filed by the State Attorney's office for a non-bondable life felony of burglary with an assault...

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