Smith v. McRay

Tavia Smith (“petitioner”), seeks a writ of habeas corpus, claiming her detention is unlawful and that she is entitled to immediate release. We exercise our jurisdiction pursuant to Article V, section 4(b)(3) of the Florida Constitution and grant the petition.

The petitioner was arrested for possession of cocaine in violation of section 800.04(4)(a), Florida Statutes (2003), and she was later released on bond. The petitioner subsequently appeared before the trial court for a routine appearance regarding a plea offer. The trial court advised the petitioner she could enter a plea of not guilty,…