EVANS v. SEAGRAVES

No. 1D05-6039.

922 So.2d 318 (2006)

Tony EVANS, Jr., Petitioner, v. Tommy SEAGRAVES, Sheriff of Nassau County, Florida, and the State of Florida, Respondents.

District Court of Appeal of Florida, First District.

February 22, 2006.


Attorney(s) appearing for the Case

Bill White, Public Defender, and Brian D. Morrissey, Assistant Public Defender, Yulee, for petitioner.

Charlie Crist, Attorney General, and Daniel A. David, Assistant Attorney General, Tallahassee, for respondents.


BENTON, J.

By order directing his release "on recognizance subject to the condition that he. . . appear at all court proceedings," we have already granted Tony Evans Jr.'s petition for writ of habeas corpus. See Fla. R.Crim. P. 3.133(b)(5). We issued the writ because the only evidence adduced at his adversary preliminary hearing was a hearsay account which would not have been admissible if offered at trial.

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