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NGUYEN v. STATE

No. 5D06-822.

925 So.2d 435 (2006)

Qui Vinh Phuoc NGUYEN, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

April 6, 2006.

Attorney(s) appearing for the Case

Michael H. LaFay, of NeJame, LaFay, Barker and Tumarkin, P.A., Orlando, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Rebecca Rock McGuigan, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Qui Vinh Phuoc Nguyen was charged with conspiracy to traffic in cannabis and MDMA. After a hearing, the trial court denied bond. Nguyen asserts that since the State did not file a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132, bond cannot be denied.

We agree, grant Nguyen's petition for writ of habeas corpus, and direct the trial court to conduct a rule 3.131 pretrial release hearing. This decision is without...

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