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LINGANE v. ARNOLD

No. 5D04-1997.

875 So.2d 1280 (2004)

Michael LINGANE, Petitioner, v. Susan P. ARNOLD, Respondent.

District Court of Appeal of Florida, Fifth District.

June 30, 2004.

Attorney(s) appearing for the Case

Michelle H. Clark, Orlando, for Petitioner.

Susan P. Arnold, Orlando, pro se.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach.

GRIFFIN, J.

After consideration of the petition for writ of habeas corpus filed by Michael Lingane and the responses filed by respondent, Susan P. Arnold, and the State of Florida, the court has determined that the petition should be construed as a notice of an appeal and has expedited review in accordance with Florida Rule of Criminal Procedure 3.691(c).

We reverse the trial court's order denying petitioner/appellant's motion for post-trial release and remand...

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