BAROULETTE v. McCRAY

No. 05-1379.

904 So.2d 575 (2005)

Rodnye BAROULETTE, Petitioner, v. Charles McCRAY, Director, Miami-Dade County Corrections and Rehabilitation Department; The State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

June 14, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Thomas Regnier, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Linda S. Katz, Assistant Attorney General, for respondents.

Before WELLS, SHEPHERD and CORTIÑAS, JJ.


SHEPHERD, J.

This matter comes to us upon petitioner Rodnye Baroulette's emergency petition for writ of habeas corpus. We have jurisdiction, Art. V, § 4(b)(3), Fla. Const. and Fla. R.App. 9.100, and grant the petition.

On June 7, 2004, Baroulette entered a plea of guilty to unlawful driving as a habitual offender, a third-degree felony. §§ 322.264(1)(d), 322.341(5), Fla. Stat. (2004). At the hearing held on that date, the court withheld adjudication...

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