Legal Opinion

Pullins v. McCray

District Court of Appeal of Florida

Decided October 6, 2004No. 3D04-2169Published

1Per curiam

The petitioner, a criminal defendant on bond making a routine appearance before the circuit court, was summarily ordered to be drug tested, taken into custody and had his bond revoked under circumstances virtually identical to those in Reyes v. McCray, 879 So.2d 1269 (Fla. 3d DCA 2004) and Hernandez v. McCray, 879 So.2d 60 (Fla. 3d DCA 2004). On the authority of those cases, we grant habeas corpus, vacate the revocation and order the defendant released from custody on his reinstated bond.

Habeas Corpus granted.

2Cases cited2 opinions

  1. Reyes v. McCrayDistrict Court of Appeal of Florida · 2004
  2. Hernandez v. McCrayDistrict Court of Appeal of Florida · 2004