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HO v. STATE

No. 5D06-1198.

929 So.2d 1155 (2006)

Viet HO, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

June 2, 2006.

Attorney(s) appearing for the Case

Michael D. Dicembre, Orlando, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Pamela J. Koller, Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

Viet Ho was charged with one count of conspiracy to traffic in MDMA (400 grams or more) and one count of conspiracy to traffic in cannabis (25 pounds or more). After a hearing, the trial court denied bond. Ho 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 Ho's petition for writ of habeas corpus, and direct the trial court to conduct...

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