HERNANDEZ v. ROTH

No. 3D04-869.

890 So.2d 1173 (2004)

Ignacio HERNANDEZ, Petitioner, v. Richard ROTH, as Sheriff of Monroe County, etc., Respondent.

District Court of Appeal of Florida, Third District.

December 29, 2004.


Attorney(s) appearing for the Case

Charles M. Milligan, Key West, for appellant.

Charles J. Crist, Jr., Attorney General, and Thomas C. Mielke, Assistant Attorney General, for appellee.

Before RAMIREZ and SHEPHERD, JJ., and COBB, WARREN H., Senior Judge.


SHEPHERD, J.

Ignacio Hernandez petitions this court for an original writ of habeas corpus. See Art. V, § 4(b)(3), Fla. Const.; Fla. R.App. P. 9.030(b)(3). We deny the writ.

I. Facts

On February 19, 2004, Petitioner was arrested and charged by information with possession of cocaine with intent to sell, and battery on a law enforcement officer. On February 20, 2004, Petitioner made his first...

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