Santopolo v. State

OTT, Chief Judge.

In this petition for writ of certiorari, petitioner contends that the trial court’s order denying his request for an adversary preliminary hearing represents a departure from the essential requirements of the law. He cites Florida Rule of Criminal Procedure 3.133(b)(1) and Bell v. State, 361 So.2d 818 (Fla. 4th DCA 1978), in support of his position. We disagree and therefore deny the petition but do so with opinion.

Petitioner was arrested on August 30, 1983. He remained in custody for twenty-one days without an information or indictment being filed. Petitioner’s motion for an…