Mundi v. State

District Court of Appeal of Florida

Mundi v. State

556 So. 2d 480, 1990 Fla. App. LEXIS 612, 1990 WL 8612

CourtDistrict Court of Appeal of Florida

DecidedFebruary 1, 1990

DocketNo. 89-2882

StatusPublished

Cited by1 cases

This text of 556 So. 2d 480 (Mundi v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

Mundi v. State, 556 So. 2d 480, 1990 Fla. App. LEXIS 612, 1990 WL 8612 (Fla. Ct. App. 1990).

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Opinion

PER CURIAM.

The petitioner requests this court to enter a writ of mandamus to direct the State to deliver him to federal custody. We treat the request as a petition for writ of habeas corpus, see Fla.R.App.P. 9.040(c), and grant the petition.

Kuldip Singh Mundi was charged with several counts relating to a ticket exchange scheme and was brought to Miami from federal custody pursuant to the Interstate Agreement on Detainers Act. Mundi filed a Sworn Motion to Dismiss which was granted by the trial court. The State appealed the dismissal.

The State charges against Mundi have been dismissed and thus there is no authority for the State to continue to hold Mundi. See Fla.R.App.P. 9.140(e)(2). Therefore, we grant Mundi’s Petition for Writ of Ha-beas Corpus filed in connection with the State’s detention of the petitioner, which said detention stems from the State’s criminal charges which have now been dismissed. Naturally, any release of the petitioner, pursuant to Rule 9.140(e)(2) of the Florida Rules of Appellate Procedure, is subject to the Federal detainer that is currently lodged against the petitioner.

Petition for writ of habeas corpus granted.

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PER CURIAM.

The petitioner requests this court to enter a writ of mandamus to direct the State to deliver him to federal custody. We treat the request as a petition for writ of habeas corpus, see Fla.R.App.P. 9.040(c), and grant the petition.

Kuldip Singh Mundi was charged with several counts relating to a ticket exchange scheme and was brought to Miami from federal custody pursuant to the Interstate Agreement on Detainers Act. Mundi filed a Sworn Motion to Dismiss which was granted by the trial court. The State appealed the dismissal.

The State charges against Mundi have been dismissed and thus there is no authority for the State to continue to hold Mundi. See Fla.R.App.P. 9.140(e)(2). Therefore, we grant Mundi’s Petition for Writ of Ha-beas Corpus filed in connection with the State’s detention of the petitioner, which said detention stems from the State’s criminal charges which have now been dismissed. Naturally, any release of the petitioner, pursuant to Rule 9.140(e)(2) of the Florida Rules of Appellate Procedure, is subject to the Federal detainer that is currently lodged against the petitioner.

Petition for writ of habeas corpus granted.

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Bluebook (online)

556 So. 2d 480, 1990 Fla. App. LEXIS 612, 1990 WL 8612, Counsel Stack Legal Research, https://law.counselstack.com/opinion/mundi-v-state-fladistctapp-1990.

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