Bannister v. Hendry

Petitioner has filed a petition for writ of prohibition seeking to prevent the Okeechobee County Circuit Court from proceeding against him on charges of grand theft, dealing in stolen property and burglary of a structure, on the grounds of lack of speedy trial. We do not reach the speedy trial issue *1245because that issue is premature, no information having yet been filed against petitioner on those charges. However, we treat the petition as a petition for writ of habeas corpus, see Fla.RApp.P. 9.040(c), and remand for an adversary preliminary hearing pursuant to rule 3.133(b), Florida Rules of…