FRENCH v. STATE (2019)

District Court of Appeal of Florida, Fifth District.

Steven FRENCH, Petitioner, v. STATE of Florida and Louis Quinones, Jr., as Chief of Orange County Corrections, Respondents.

Case No. 5D19-3181

Decided: November 04, 2019

Robert Wesley, Public Defender, and Robert Adams, Assistant Public Defender, Orlando, for Petitioner. Ashley Moody, Attorney General, Tallahassee, and Douglas T. Squire, Assistant Attorney General, Daytona Beach, for Respondent, State of Florida. No Appearance for other Respondent.

CORRECTED

Steven French seeks a writ of habeas corpus and his immediate release on his own recognizance pursuant to Florida Rule of Criminal Procedure 3.134 in Orange County Circuit Case No. 2019-CF-011113-A-OR. The State agrees that rule 3.134 requires French's release, as he has been in custody more than forty days on this case and has not been formally charged with a crime.

Accordingly, we grant the writ and order that French be released on his own recognizance in Orange County Circuit Case No. 2019-CF-011113-A-OR only. This shall not affect French's custody status in any other matter.

PETITION GRANTED.

PER CURIAM.

ORFINGER, LAMBERT and EDWARDS, JJ., concur.

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