NEWKIRK v. JENNE

No. 4D00-212.

754 So.2d 61 (2000)

Desmond NEWKIRK, Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida, and State of Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

March 1, 2000.


Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, and Diane M. Cuddihy, Assistant Public Defender, Ft. Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and David M. Schultz, Assistant Attorney General, West Palm Beach, for respondents.


PER CURIAM.

We previously granted the writ of habeas corpus in this proceeding and now write to explain the basis for that ruling. According to the petition, the petitioner pled no contest to delivery of cocaine and resisting arrest with violence and was placed on two years probation. On November 2, 1999, an affidavit for violation of probation was filed, but no warrant was signed. The circuit court held a hearing on November 8, 1999, at which time the petitioner...

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