T.B., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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The court held that the trial court erred in assessing an additional point for aggravation based on prior criminal history when points for prior history were already accounted for.
Petitioner was arrested for drug offenses and detained based on a Risk Assessment Instrument (RAI) score. The trial court added a point for aggravatio…
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PER CURIAM.
Petitioner seeks relief from secure detention pursuant to a February 13, 2005 order of the circuit court. Habeas corpus is the proper remedy if a juvenile is illegally detained in violation of the risk assessment requirements, detention statutes, and case law. See M.P. v. Gardner, 838 So. 2d 711, 712 (Fla. 4th DCA 2003).
Petitioner was arrested for various drug offenses. At the February 13 hearing, a detention Risk Assessment Instrument (RAI) score was tabulated. The trial court scored eleven points for petitioner’s prior contacts with the law. Of these eleven points, one point was scored for petitioner’s prior history. Then, the trial court assessed one final point, for aggravation of the scoresheet total, based on petitioner’s prior criminal history. It was this additional point that qualified petitioner for secure detention.
We agree with petitioner that the trial court erred in assessing him one point as an aggravating factor based on the finding of a “significant prior record” when petitioner had already been assessed one point in the prior history section of the RAI scoresheet. See D.G. v. Miles, 872 So. 2d 343, 344 (Fla. 2d DCA 2004); P.A.J. v. Gnat, 684 So. 2d 310, 311 (Fla. 1st DCA 1996).
The petition for writ of habeas corpus is granted.
STONE, STEVENSON and GROSS, JJ., concur.
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J.L.B. v. Kelly, 93 So. 3d 1137 (Fla. 2d DCA 2012)…4, this court granted the juvenile’s petition because the court assessed two aggravating points for violation of probation even though the juvenile had already been assessed one point for a prior offense with adjudication withheld. In T.B. v. State, 897 So. 2d 530, 530 (Fla. 4th DCA 2005), the Fourth District found that it was improper to add an extra point as an aggravating factor for the juvenile’s “significant prior record” because prior record was accounted for in the prior history section of the RAI. Si…
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S.W. v. State, 987 So. 2d 173 (Fla. 4th DCA 2008)…sons were given by the trial court for ordering the more restrictive placement. Habeas corpus lies to order the release of one illegally detained in violation of the risk assessment requirements, the detention statutes, and case law. T.B. v. State, 897 So. 2d 530 (Fla. 4th DCA 2005). Generally, decisions regarding whether to place a child in detention care must be based on a risk assessment of the child. § 985.245(1), Fla. Stat. (2007). A court may order a more restrictive placement, but if it does, “the co…
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N.W. v. State (Fla. 1st DCA 2020)…5th DCA 2007); S.W. v. Woolsey, 673 So. 2d 152, 154 (Fla. 1st DCA 1996). It is appropriate to grant a writ of habeas corpus when “a juvenile is detained in violation of risk assessment requirements, detention statutes, and case law.” T.B. v. State, 897 So. 2d 530 (Fla. 4th DCA 2005). When a juvenile is detained on a judicial order for failure to appear and has previously willfully failed to appear after proper notice, section 985.255(1)(e), Florida Statutes, allows the trial court to detain the juvenile in…
Authorities Cited
- In the Interest of P.A.J. v. Gnat, 684 So. 2d 310 (Fla. 1st DCA 1996)
- M.P. v. Gardner, 838 So. 2d 711 (Fla. 4th DCA 2003)
- D. G. v. Adonis Miles, 872 So. 2d 343 (Fla. 2d DCA 2004)