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GRIFFITH v. STATE

No. 5D05-3915.

914 So.2d 1053 (2005)

Aqwan GRIFFITH, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

November 23, 2005.

Attorney(s) appearing for the Case

James Russo, Public Defender and Blaise Trettis, Assistant Public Defender, Viera, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Wesley Heidt, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Aqwan Griffith petitions this court for a writ of habeas corpus. Griffith is being held without bond on a lewd and lascivious molestation charge. The state failed to file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132. Rule 3.132(a) states, "If no such motion is filed, or the motion is facially insufficient, the judicial officer shall proceed to determine the conditions of release pursuant to the provisions of rule...

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