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RESENDES v. BRADSHAW

No. 4D06-1503.

935 So.2d 19 (2006)

Michael RESENDES, Appellant, v. Ric L. BRADSHAW, Palm Beach County Sheriff, Appellee.

District Court of Appeal of Florida, Fourth District.

April 28, 2006.

Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, Daniel Cohen, Karen Fagan, and Nan Foley, Assistant Public Defenders, West Palm Beach, for appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Jeanine Germanowicz, Assistant Attorney General, for appellee.

GROSS, J.

Michael Resendes was arrested on a warrant for burglary of a dwelling, in violation of section 810.02(1) and (3), Florida Statutes (2005), a second degree felony. In this habeas corpus proceeding, Resendes challenges the setting of "no bond" on this charge at his first appearance. We grant the writ and remand for an appropriate hearing.

Resendes's first appearance before a judge was on April 11, 2006. The limited record from the first appearance...

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