SIMPSON v. CAMPBELL

No. 1D01-2421.

791 So.2d 496 (2001)

Tamera SIMPSON, Petitioner, v. Larry CAMPBELL, Sheriff of Leon County, Florida, Respondent.

District Court of Appeal of Florida, First District.

June 26, 2001.


Attorney(s) appearing for the Case

Nancy Daniels, Public Defender, and Phil Patterson, Assistant Public Defender, Tallahassee, for petitioner.

Robert A. Butterworth, Attorney General, James W. Rogers, Senior Assistant Attorney General, and Edward C. Hill, Jr., Assistant Attorney General, Tallahassee, for respondent.


PER CURIAM.

Tamera Simpson petitions this court for a writ of habeas corpus. Because we find the trial court abused its discretion in arbitrarily refusing to consider petitioner's request for post-trial release, we grant relief.

Simpson was charged with aggravated battery, a felony. A jury found her guilty of the lesser-included offense of simple battery, a misdemeanor. Sentencing was postponed and, because he was scheduled to leave the country shortly after...

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