ROBERTS v. STATE

No. 4D09-2376.

10 So.3d 1209 (2009)

Gorman J. ROBERTS, Petitioner, v. STATE of Florida and Al Lamberti, as Sheriff of Broward County, Florida, Respondents.

District Court of Appeal of Florida, Fourth District.

June 30, 2009.


Attorney(s) appearing for the Case

Howard Finkelstein, Public Defender, and Joseph R. Chloupek, Assistant Public Defender, Fort Lauderdale, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and James J. Carney, Assistant Attorney General, West Palm Beach, for respondent State of Florida.


PER CURIAM.

On our own motion we withdraw the opinion issued on June 26, 2009, and substitute the following:

Petitioner Gorman J. Roberts filed this habeas corpus petition seeking release from his detention following a decision by the magistrate to deny release on bond. We grant the petition and remand for further proceedings forthwith.

Petitioner Roberts was arrested for aggravated battery with a deadly weapon, criminal mischief and violation of an...

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