ESPINAL v. RYAN

No. 3D10-139.

31 So.3d 818 (2010)

Marcos ESPINAL, Petitioner, v. Timothy RYAN, Director of Miami-Dade County Department of Corrections, Respondent.

District Court of Appeal of Florida, Third District.

Rehearing Denied March 29, 2010.


Attorney(s) appearing for the Case

Michael D. Walsh and Matthew Troccoli, Miami, for petitioner.

Bill McCollum, Attorney General, and Magaly Rodriguez, Assistant Attorney General, for respondent.

Before GERSTEN, SHEPHERD, and LAGOA, JJ.


SHEPHERD, J.

The Petitioner in this case seeks habeas relief from a trial court order denying his motion to set aside an alias capias issued and reinstate bond, which had been revoked because petitioner was fifteen minutes late for a court appearance. We find the Petitioner's claim meritorious, and grant the petition.

Marcos Espinal was scheduled for a docket sounding at 8:30 a.m. on January 7, 2010, for his pending criminal case. Neither he nor his counsel...

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