HONORABLE GEORGE E. LEPPIG, AS SHERIFF OF DADE COUNTY, FLORIDA, APPELLANT,
v.
GEORGE GREEN, APPELLEE
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The Florida District Court of Appeal affirmed a circuit court's decision to discharge a petitioner from custody via habeas corpus. The circuit court had found that the informations charging the petitioner with offenses were void for failing to charge any crime under Florida law.
No, the circuit court did not err. The appellate court found that the circuit judge correctly determined the informations were void and properly discharged Green from custody.
“Green petitioned the circuit court for a writ of habeas corpus, alleging that the informations were "null and void in that they wholly failed to charge the Relator with any offense punishable under the laws of the State of Florida.”
This quote establishes the basis for the habeas corpus petition and the core of the legal challenge.
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Join FLexlaw to unlock all legal intelligenceGeorge Green was charged in two separate informations with violations of Florida statutes. While under prosecution, Green petitioned the circuit court…
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Appellee, George Green, was charged in two separate informations with violations of §§ 817.49 and 839.13, Fla.Stat., F.S.A. While under prosecution in the Criminal Court of Record, Green petitioned the circuit court for a writ of habeas corpus, alleging that the informations were “null and void in that they wholly failed to charge the Relator with any offense punishable under the laws of the State of Florida. * * * ” The writ was issued and return made. After a hearing, the circuit judge rendered his judgment and opinion, wherein he specifically held that neither information charged any offense under the laws of Florida. It was ordered that Green be discharged from custody. From the judgment of the circuit court, the state brings this appeal pursuant to § 79.11, Fla.Stat., F.S.A. See also Crownover v. Shannon, Fla.1964, 170 So.2d 299.
The order of the circuit judge comes to this court carrying with it a presumption of correctness. If the appellant is to prevail, it is incumbent upon him to demonstrate reversible error. Matera v. Buchanan, Fla.App.1966, 192 So.2d 18. Upon a thorough examination of the record before us, we find that the circuit judge correctly followed the guideposts set out by this court as to both the nature and scope of the remedy. See Matera v. Buchanan, supra; and Buchanan v. State, Fla.App.1965, 171 So.2d 186. Accordingly, no error having been shown, we affirm.
Affirmed.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- Crownover v. The Honorable George T. Shannon, 170 So. 2d 299 (Fla. 1964)
- Matera v. Buchanan, 192 So. 2d 18 (Fla. 3d DCA 1966)
- Buchanan v. State of Fla. ex rel. John S. Hunt, 171 So. 2d 186 (Fla. 3d DCA 1965)