AZADI v. SPEARS

No. 3D01-1049.

826 So.2d 1020 (2001)

Michael AZADI, Petitioner, v. Lois SPEARS, Director of Dade County Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

April 25, 2001.


Attorney(s) appearing for the Case

Manuel L. Casabielle, Coral Gables, for petitioner.

Robert A. Butterworth, Attorney General, and Thomas C. Mielke, Assistant Attorney General, for respondent.

Before COPE, GODERICH and RAMIREZ, JJ.


COPE, J.

Michael Azadi petitions for a writ of habeas corpus, challenging the trial court's order directing that he be detained without bond pursuant to the pretrial detention statute, section 907.041, Florida Statutes (2000). We conclude that there must be a new hearing.

The State filed a motion for pretrial detention of petitioner-defendant Azadi. The motion came before the trial court for hearing the day after it was filed. The State contemplated that the...

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