NEWSOME v. BUTTERWORTH

No. 2D07-4467.

969 So.2d 1147 (2007)

Alonzo P. NEWSOME, Petitioner, v. Robert BUTTERWORTH, Secretary, Department of Children and Family Services, Respondent.

District Court of Appeal of Florida, Second District.

Rehearing Denied December 21, 2007.


Attorney(s) appearing for the Case

Alonzo P. Newsome, pro se.

Bill McCollum, Attorney General, Tallahassee, and Sue-Ellen Kenny, Assistant Attorney General, West Palm Beach, for Respondent.


PER CURIAM.

The petition for writ of habeas corpus is denied. We note however that section 394.915(2), Florida Statutes (2006), "has been interpreted to mandate [an adversarial probable cause hearing] within five days of a request by a detainee whose [prison] sentence has expired." Melvin v. State, 804 So.2d 460, 462 (Fla. 2d DCA 2001) (citing State v. Kobel, 757 So.2d 556 (Fla....

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