McCaskill v. McMillan

We have consolidated these petitions for opinion because they raise similar issues concerning the proper interpretation of Rule 3.133(b)(6), Florida Rules of Criminal Procedure.

Cleophus McCaskill was arrested on April 11, 1990, for armed robbery. When no information was filed within 21 days, he moved for an adversary preliminary hearing pursuant to Rule 3.133(b)(1). On May 16, McCaskill sought relief pursuant to Rule 3.133(b)(6). A hearing was held on May 17 and the trial court found probable cause existed and therefore denied the relief sought under subsection (b)(1). It further found that,…