Mize v. State

GRIMES, Judge.

This cause is before the court on a petition for certiorari to review an order denying defendant Mize’s motion for an adversary preliminary hearing. A petition for writ of certiorari is a proper vehicle for review of an order denying such a motion. Bell v. State, 361 So.2d 818 (Fla. 4th DCA 1978).

The resolution of this matter depends upon an interpretation of Florida Rule of *1106Criminal Procedure 3.131(b)(1), which reads as follows:(1) When Applicable. A defendant who is not charged in an information or indictment within 21 days from the date of his arrest or service of the capias…