SMITH v. McRAY

No. 3D05-669.

907 So.2d 575 (2005)

Tavia SMITH, Petitioner, v. Charles McRAY, Director, Miami Dade County, etc., Respondent.

District Court of Appeal of Florida, Third District.

July 13, 2005.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Shannon P. McKenna, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, for respondent.

Before GERSTEN, SHEPHERD and ROTHENBERG, JJ.


PER CURIAM.

Tavia Smith ("petitioner"), seeks a writ of habeas corpus, claiming her detention is unlawful and that she is entitled to immediate release. We exercise our jurisdiction pursuant to Article V, section 4(b)(3) of the Florida Constitution and grant the petition.

The petitioner was arrested for possession of cocaine in violation of section 800.04(4)(a), Florida Statutes (2003), and she was later released on bond. The petitioner subsequently appeared...

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