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PERRY v. BRADSHAW

No. 4D10-3207.

43 So.3d 180 (2010)

Marcus PERRY, Petitioner, v. Ric BRADSHAW, Sheriff of Palm Beach County, Respondent.

District Court of Appeal of Florida, Fourth District.

September 15, 2010.

Attorney(s) appearing for the Case

Carey Haughwout , Public Defender, and Travis Dunnington , Assistant Public Defender, West Palm Beach, for petitioner.

Bill McCollum , Attorney General, Tallahassee, and Heidi L. Bettendorf , Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Marcus Perry filed an emergency petition for writ of habeas corpus, challenging the trial court's finding of probable cause at his adversary preliminary hearing. On August 19, 2010, we directed his release "on recognizance subject to the condition that he . . . appear at all court proceedings," Florida Rule of Criminal Procedure 3.133(b)(5), with an opinion to follow.

Perry was arrested for murder, and after the state failed to charge him by indictment...

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