Stangherlin v. Kelly

SHARP, Judge.

Stangherlin petitioned this court for a Writ of Habeas Corpus to secure her release from the custody of the sheriff of Hernando County, where she is being held without bail following her arrest for conspiracy to commit first-degree murder and first-degree murder. Pursuant to Florida Rule of Criminal Procedure 3.131(b), when Stangh-erlin was not charged by information or indictment within 21 days from the date of her arrest, she timely moved for an adversary preliminary hearing to determine probable cause of the charges against her. At the hearing, the state’s case consisted…