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YOUNG v. SHOAP

No. 2D03-5550.

862 So.2d 904 (2003)

Patrick A. YOUNG, Petitioner, v. Rodney M. SHOAP, as Sheriff of Lee County, Respondent.

District Court of Appeal of Florida, Second District.

December 22, 2003.

Attorney(s) appearing for the Case

Robert R. Jacobs, II, Public Defender, and Michael M. Raheb, Assistant Public Defender, Fort Myers, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Coombs Cline, Assistant Attorney General, Tampa, for Respondent.

PER CURIAM.

Patrick A. Young petitions this court for a writ of habeas corpus. Young is being held without bond on a charge of aggravated stalking, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2002). However, the State has failed to file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132. Rule 3.132(a) states, "If no such motion is filed, or the motion is facially insufficient, the...

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