Herrera v. State

Full title: MIGUEL ANGEL HERRERA, APPELLANT, v. THE STATE OF FLORIDA, APPELLEE

Court: District Court of Appeal of Florida, Third District

Date published: Oct 20, 1982

420 So. 2d 606 (Fla. Dist. Ct. App. 1982)

Opinion

No. 81-1901.

August 31, 1982. Rehearing Denied October 20, 1982.

Appeal from Circuit Court, Dade County; James R. Jorgenson, Judge.

High, Stack, Lazenby, Bender, Palahach Lacasa and R. Scott Boundy and Marco Laffredo, for appellant.

Jim Smith, Atty. Gen., and Diane Zimmer Leads, Asst. Atty. Gen., for appellee.

Before DANIEL S. PEARSON and FERGUSON, JJ., and WILLIAM C. OWEN, Jr. (Ret.), Associate Judge.

PER CURIAM.

For the reasons set forth and upon the authorities cited in the companion case of Wheaton v. State, 420 So.2d 604 (Fla. 3d DCA 1982), the trial court's order denying Herrera's petition for writ of habeas corpus and remanding the petitioner to custody for return to Virginia is reversed and the cause remanded to the trial court for further proceedings.