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MILLER v. STATE

No. 2D08-114.

980 So.2d 1092 (2008)

Dayne MILLER, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

January 15, 2008.

Attorney(s) appearing for the Case

Michelle Hill of The Law Office of Michelle Hill, Naples, for Petitioner.

Bill McCollum, Attorney General, Tallahassee, and Jonathan Hurley, Assistant Attorney General, Tampa, for Respondent.

PER CURIAM.

Dayne Miller petitions this court, a second time, for a writ of habeas corpus. Miller is being held without bond on the charge of burglary of an occupied dwelling, for which he is eligible for pretrial detention under section 907.041(4)(a), Florida Statutes (2007). However, the State has never filed a motion for pretrial detention pursuant to Florida Rule of Criminal Procedure 3.132.1 Rule 3.132(a) provides that "[i]f no such...

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