YEARY v. BRADSHAW

No. 4D06-1395.

931 So.2d 1060 (2006)

Brian M. YEARY, Petitioner, v. Ric L. BRADSHAW, Palm Beach County Sheriff, Respondent.

District Court of Appeal of Florida, Fourth District.

July 5, 2006.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Daniel Cohen, Carol Bickerstaff and Nan Foley, Assistant Public Defenders, West Palm Beach, for petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Katherine Y. McIntire, Assistant Attorney General, West Palm Beach, for respondent.


MAY, J.

The defendant filed an Emergency Petition For Writ Of Habeas Corpus challenging the trial court's denial of bond at his first-appearance hearing. We granted the petition on April 12, 2006, with an opinion to follow.

The defendant was arrested for driving with a suspended license, fleeing and eluding, and resisting without violence. At the first-appearance hearing, the court denied bond. The justification for the denial was a pre-existing misdemeanor...

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