HomeMy WebLinkAbout0063 IN THE CIRCUIT COURT OF THE
t3~~~a3 - NINETEENTH JUDICIAL CIRCUIT
IN AND FOR ST. LUCITs COUNTY~
' STATT OF FLORIDA.
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EVERETT L. NORMAN, *
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Petitioner~ *
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vs . '
* CASE NO. 78-90 CA
LANIE NORVELL, SHERIFF, *
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Respondent. *
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RE: Case No. 78-168=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
thereto filed by the Respondent, LANIE NORVELL, 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, EVERETT L. NORMAN, with :
the crime of Inciting to Riot under Florida Statute 870.01 (2). ~
There has been no Information filed by the State of Florida and
i the charging document, i.e. said Complaint Affidavit and Arrest E
, ;
~ Form, is void on its face in that the alleged actioos by the
~ Petitioner, EVERETT L. NOR~dAN, viewed in a light most favorable to
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E the State of Florida does not charge a violation under Florida
C
~ Statute 870.01-(2). See State vs. Beasley (Florida Supreme Court)
~ 31? So.2nd ?50. For the reason stated it is ~
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~ ORDERED AND ADJUDGED as follows:
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~ 1. That the Complaint Affidavit and Arrest Form herein -
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~ is striken as being void on its face. i
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x 2. That the State of Florida shall have until 10:00 A.bi. -s
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~ on Wednesday, March 8, 1978 to file an Information charging the '
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= Petitioner, EVEftETT L. NORMAN, with whatever crime it feels to be
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; appropriate based upon the facts of the alleged incident complained ~
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~ of and the Petitioner, EVEBETT L. NORI+IAN~ shall remain in the custody ~
of the Respondent Sheriff pending_the filing of any such Information. ~
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