PULLINS V. MCCRAY

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM A.D., 2004 ** CHARLES PULLINS, ** Petitioner, ** vs. CASE NO. 3D04-2169 ** CHARLES J. MCCRAY, Director Miami-Dade County Corrections and Rehabilitation Department for the State of Florida, Respondent. ** LOWER TRIBUNAL NO. 01-032372 ** Opinion filed October 6, 2004. A Case of Original Jurisdiction Habeas Corpus. Joseph W. Gibson, for petitioner. Charles J. Crist, Jr., Attorney General and Richard L. Polin, Assistant Attorney General, for respondent. Before SCHWARTZ, C.J., and COPE and WELLS, JJ. PER CURIAM. The routine petitioner, appearance a criminal before the defendant circuit on court, bond was making a summarily ordered to be drug tested, taken into custody and had his bond revoked under circumstances virtually identical to those in Reyes v. McCray, ___ So. 2d ___ (Fla. 3d DCA Case no. 3D04-806, opinion filed, August 11, 2004)[29 FLW D1829] 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 bond. Habeas Corpus granted. 2 custody on his reinstated

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