MULLIN v. JENNE

No. 4D04-2315.

890 So.2d 543 (2005)

Brooke Nicole MULLIN, Petitioner, v. Ken JENNE, as Sheriff of Broward County, Florida, Michael J. Satz, as State Attorney, James V. Crosby, as Secretary of Florida Department of Corrections, Respondents.

District Court of Appeal of Florida, Fourth District.

January 12, 2005.


Attorney(s) appearing for the Case

Thomas A. Morse, Fort Lauderdale, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine M. Germanowicz, Assistant Attorney General, West Palm Beach, for respondents.


MAY, J.

The defendant petitioned this court for a writ of habeas corpus. We ordered the petitioner's immediate release on June 17, 2004. We now grant the writ and issue this opinion.

The defendant was arrested and charged with possession of heroin and drug paraphernalia. She pled not guilty and "opted" into the drug court pretrial intervention program, pursuant to section 948.08(6), Florida Statutes (2003). On August 27, 2003, she signed a Deferred Prosecution...

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