J.B., A JUVENILE, PETITIONER,
v.
JUDY RAYFORD, SUPERINTENDENT, DADE JUVENILE DETENTION CENTER, RESPONDENT
J.B., A JUVENILE, PETITIONER,
JUDY RAYFORD, SUPERINTENDENT, DADE JUVENILE DETENTION CENTER, RESPONDENT
707 So. 2d 434
Florida District Court of Appeal, Third District (1998)
Caution
Cited by 6 cases
Opinion of the Court
PER CURIAM.
The state agrees that, under section 985.215(10)(a)l & (b), Florida Statutes (1997), a juvenile respondent such as the petitioner may be punished for a violation of home detention while awaiting placement by no more than five days in secure detention. His continued confinement for longer than that period, as ordered by the court below, is therefore unjustified. See M.L.F. v. State, 678 So. 2d 1307 (Fla. 1st DCA 1996); see also R.E.D. v. Gnat, 681 So. 2d 847 (Fla. 1st DCA 1996).
Accordingly, habeas corpus is granted and the petitioner ordered released from secure detention forthwith.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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T.W. v. Edwards-Ellis, 903 So. 2d 1050 (Fla. 1st DCA 2005)…committed, a delinquent act in detention is entirely statutory in nature. S.W. v. Woolsey, 673 So. 2d 152 (Fla. 1st DCA 1996); § 985.213(2)(a), Fla. Stat. Moreover, our sister court found that ha-beas corpus relief was warranted in J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998), a case which appears to be indistinguishable from the instant one. In response to our order to show cause, the state admitted it could not show why the petition should not be granted and T.W. released from secure detention. We ag…
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T.C.F. v. State, 929 So. 2d 692 (Fla. 5th DCA 2006)…on. Thus, the trial court’s placement of 21 days in the instant case is erroneous. On facts indistinguishable from those in the instant case, our sister courts in T.W. v. Edwards-Ellis, 903 [*693] So. 2d 1050 (Fla. 1st DCA 2005) and J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998) held that habeas corpus relief was warranted. We further note that in response to our order to show cause, the state candidly admits that the trial court’s placement of T.C.F. in secure detention for 21 days is contrary to Florida…
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D.L.W. v. State, 931 So. 2d 284 (Fla. 5th DCA 2006)…er under section 985.215(10)(b), Florida Statutes, to impose any term of secure detention which exceeded five days. See T.C.F. v. State, 929 So. 2d 692 (Fla. 5th DCA 2006); T.W. v. Edwards-Ellis, 903 So. 2d 1050 (Fla. 1st DCA 2005); J.B. v. Rayford, 707 So. 2d 434 (Fla. 3d DCA 1998). We therefore grant the petition and order that the child be immediately released from secure detention, as he has served more than five days in secure detention at this point. PETITION GRANTED. ORFINGER, MONACO and TORPY,' JJ…
Authorities Cited
- M.L.F. v. State, 678 So. 2d 1307 (Fla. 1st DCA 1996)
- Desjarlais v. Desjarlais, 681 So. 2d 847 (Fla. 3d DCA 1996)
- R.E.D. v. Gnat, 681 So. 2d 847 (Fla. 1st DCA 1996)