THE STATE OF FLORIDA, PETITIONER,
v.
HAUZKAR LOPEZ, RESPONDENT
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The court held that the juvenile division judge erred in releasing a defendant charged with robbery from home detention, contrary to established precedent.
The state sought to transfer a defendant charged with robbery to adult court and moved for his transfer to the county jail. The juvenile division judg…
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PER CURIAM. -
The staté files a Petition for Writ of Certiorari seeking to quash an order of the circuit court’s juvenile division releasing Hauzkar Lopez, defendant, from home detention.
Defendant was charged with robbery pursuant to section 812.12(a)(c), Florida' Statutes (1999). On November 22, 1999, the state filed an Announcement of Direct’ File and moved the circuit judge in the Juvenile Division to transfer the defendant to the Dade County Jail so he could answer charges to be filed in the adult felony division of the circuit court. Contrary to precedent from this Court, see State v. Davis, 699 So. 2d 848 (Fla. 3d DCA 1997), the Judge denied the state’s motion and released defendant from home detention as well.
Defendant does not argue that the judge’s ruling is consistent with Davis, rather he argues that Davis was wrongly decided. We disagree.
The State’s petition for writ of certiorari is granted. The order of the circuit court is quashed with instructions to transfer defendant to the Dade County Jail.
Nothing in this opinion restricts, in any way, the discretion of the assigned circuit judge in the criminal division to consider reasonable conditions for defendant’s release.
Certiorari granted.
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Citator
Cited By
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State v. G.G., 941 So. 2d 484 (Fla. 3d DCA 2006)…he court’s reasons for refusing to transport G.G. to the Dade County Jail are understandable, the ruling is contrary to the controlling statutory provision as well as precedent from this court. See § 985.215(4)(a), Fla. Stat. (2005); State v. Lopez, 748 So. 2d 384, 385 (Fla. 3d DCA 2000) (quashing an order denying a motion to transfer a juvenile to the Dade County Jail “so he could answer charges to be filed in the adult felony division”). As this Court has previously explained: ... [T]he lower court departe…
Authorities Cited
- State v. Davis, 699 So. 2d 848 (Fla. 3d DCA 1997)