HomeMy WebLinkAbout0061 3~~~~i IN THE CIRCUIT COURT OF THE
NINETEENTH JUDICIAL CIRCUIR`
IN AND FOR ST. LUCIE COUNTY,
STATE OF FLORIDA.
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GREGORY DAVIS, *
Petitioner~ *
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vs. *
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LANIE NORVELL, SHSRIFF~ * GASE NO. ?8-89 CA
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Respondent * ~
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RE: Case No. ?8-169-CF * - •
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O R D E R
This cause came on for a hearing this date upon Writ of -
Habeas Corpus issued by the Court on March 3, 1978 and Return t
thereto filed by the Respondent, LANIE.NOBVELL, Sheriff of St. ?
Lucie County, Florida. The Court has considered argument of•. ~
counsel together with the Complaint Affidavit and Arrest Form
filed herein which charges the Petitioner, GREGORY DAVIS~ with
the crime of Inciting to Riot under Florida Statute 8?0.01 (2).
There has been no Information filed by the State of Florida and
the charging document, i.e. said Complaint Affidavit and Arrest
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! Form, is void on its face in that the alleged actions by the
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Petitioner, GREGORY DAVIS, viewed in a light most favorable to
the State of Florida does not charge a violation under Florida
Statute 870.01 (2). See State vs. Beasley (Florida Supreme Court)
i'' 317 So.2nd ?50. For the reason stated it is
{ ORDERED AND ADJUDGED as follows:
~ 1. That the Complaint Affidavit and Arrest Form herein
is striken as being void on its face.
~ 2. That the State of Florida shall have until 10:00 A.M. °
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i on Wednesday~ ~arch 8, 1978 to file an Information charging the
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~ Petitioner, GftEGORY DAVIS. with whatever crime it feels to be
~ appropriate based upon the facts of the alleged incident complained
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of and the~Petit.ioner, GREGORY DAVIS, shall remain in the.custody
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of the ftespondent Sheriff pending the filing of any such Information.
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