T. W. C., PETITIONER,
v.
DOROTHY H. PATE, AS JUDGE OF THE CIRCUIT COURT, IN AND FOR DUVAL COUNTY, FLORIDA, RESPONDENT
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PER CURIAM.
The child T.W.C. petitions for a writ of habeas corpus challenging his detention by the respondent circuit judge by an order entered February 8, 1979, releasing T.W.C. to the custody of his mother but preserving power indefinitely to redetain the child on his failure to comply with stated conditions. The court’s jurisdiction stems from an arrest on December 14, 1978, for carrying a concealed weapon, and an order of nonsecure detention, on conditions, entered December 22, 1978. The 21-day period prescribed for an adjudicatory hearing by Sections 39.01 and 39.032(5)(c), Florida Statutes (1977), elapsed January 5, 1979, without an adjudicatory hearing having been held. In the absence of new grounds for detention, regularly charged and supported by evidence in accordance with Chapter 39, the court was thereafter without jurisdiction to extend the original detention, by means secure or nonsecure, conditional or unconditional. The petition for habeas corpus is GRANTED and T.W.C. is discharged from the custodial effect of the order of February 8, 1979.
SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.
PER CURIAM.
The writ of habeas corpus ordered by this Court’s opinion filed March 14, 1979, is considered as addressed to Carlton Jones, Du-val Regional Juvenile Detention Center, Jacksonville, Florida, from whose custody petitioner is to be discharged. The motion for rehearing is otherwise DENIED.
ROBERT SMITH, Acting C. J., and ERVIN and MELVIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Alachua Reg'l Juv. Detention Ctr. v. T.O., 684 So. 2d 814 (Fla. 1996)…illegal under subsections 39.044(5)(b) and (d). No adjudicatory hearing had been commenced, and T.O. had been held in secure detention for more than twenty-one days without any motion for continuance having been filed or granted. See T.W.G. v. Pate, 369 So. 2d 361 (Fla. 1st DCA 1979) (granting petition for writ of habeas corpus on ground that trial court was without jurisdiction to extend original detention of juvenile where statutory conditions not met). In so ruling, the court did not pass on the sufficienc…
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P.R. v. Johnson, 541 So. 2d 791 (Fla. 4th DCA 1989)…nce or procedure undertaken in this case. Here, the twenty-one day period expired, without continuance or commencement of an adjudicatory hearing. Accordingly, the petitioner is entitled to release from detention forthwith. [*793] In T.W.C. v. Pate, 369 So. 2d 361 (Fla. 1st DCA), reh’g denied (1979), the First District Court of Appeal granted a petition for writ of habeas where a minor was placed in indefinite home detention. The petitioner juvenile was arrested and held on nonse-cure detention, on conditions…
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Z.R. v. State, 596 So. 2d 723 (Fla. 5th DCA 1992)…that provision does not apply. Since the twenty-one days the children were held in detention in these cases did not include any delay due to a court ordered continuance, the juveniles were entitled to be released from detention. In T.W.C. v. Pate, 369 So. 2d 361 (Fla. 1st DCA 1979), the First District agreed that a child held in detention more than twenty-one days without a detention hearing was entitled to release, unless there were new grounds for detention which had been charged in accordance with Chapte…
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