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GINSBERG v. RYAN

No. 3D11-924.

60 So.3d 475 (2011)

Barry GINSBERG, Petitioner, v. Timothy RYAN, Director, Miami-Dade County Corrections and Rehabilitation Department, and the State of Florida, Respondents.

District Court of Appeal of Florida, Third District.

April 14, 2011.

Attorney(s) appearing for the Case

Carlos J. Martinez , Public Defender, and Joanna G. Ingalls , Assistant Public Defender, for petitioner.

Pamela Jo Bondi , Attorney General, and Nikole Hiciano , Assistant Attorney General, for respondent the State of Florida.

Before SHEPHERD, SALTER and EMAS, JJ.

EMAS, J.

The defendant, Barry Ginsberg, petitions this Court for a writ of habeas corpus, asserting that his pretrial incarceration without bond is unlawful. We grant the petition for writ of habeas corpus and remand to the trial court to hold a hearing pursuant to section 907.041, Florida Statutes (2010) and Florida Rules of Criminal Procedure 3.131 and 3.132.

On April 29, 2010, the State of Florida ("State") filed...

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