Benitez v. State

OPINION

This is an appeal from an order of the district court denying appellant’s post-conviction petition for a writ of habeas corpus.

In December of 1985, appellant held his girlfriend against her will at her apartment, forced her to remove her clothing and get in the bathtub, poured alcohol in the tub, and lit it on fire. Following a successful pretrial petition for a writ of habeas corpus, appellant was released and the state presented the case to the grand jury.

On May 19, 1986, the grand jury indicted appellant on one count of second degree kidnapping with use of a deadly weapon, one count…