IN THE CIRCUIT COURT OF THE SIXTEENTH JUDICIAL CIRCUIT IN AND FOR MONROE COUNTY, FLORIDA

STATE OF FLORIDA, vs. ERNANDEZ Defendant. _______________________/

FELONY DIVISION CASE # 10CFXXXB

MOTION TO SET ASIDE BENCH WARRANT COMES NOW the Defendant, XXXERNANDEZ, by and through his undersigned attorney and files this Motion to Set Aside Bench Warrant, and as grounds thereof would state as follows: 1. That on September 15, 2010, the Defendant was charged with Grand Theft over $20,000 under Florida Statutes 812.014 (2F). 2. The above criminal charge stems from an incident which took place on or about August 12, 2010, having to do with the theft of a boat. 3. The Defendant was not present during the above incident. 4. Furthermore, the Defendant reported his vehicle stolen on August 13, 2010. This was the same vehicle which was used to facilitate the theft of the boat by the perpetrators. (The police report is attached as Exhibit 1). 5. The Defendant was not properly notified of the subsequent arraignment hearing and consequently failed to appear. 6. The Defendant asks the court for a re-hearing in order to have this matter properly adjudicated. Wherefore, Defendant requests relief consistent with this motion and for such other and further relief as the Court deems necessary.

CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a copy of the foregoing was furnished by U.S. Mail to Assistant State Attorney at 530 Whitehead Street, Suite 201, Key West, FL 33040, this 23rd day of August, 2012.

_________________________ Libby Calejo Esq. Bar # 722731 2500 NW 79 Ave, Suite 102 Doral, FL 33166 Tel# 305-477-3411 Fax#305-436-2205