M.D., A CHILD, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Petitioner seeks a writ of habeas corpus arguing that the trial court revoked home detention and remanded Petitioner to secure detention despite a score of zero on Petitioner’s risk assessment instrument. In response, the State has conceded these facts, and agrees that the writ should issue as the trial court has not articulated written reasons in its detention order for the more restrictive placement. See § 985.215(2), Fla. Stat. (2005) (“If the court orders a placement more restrictive than indicated by the results of the risk assessment instrument, the court shall state, in writing, clear and convincing reasons for such placement.”); C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA Feb.16, 2006). Accordingly, the petition for writ of habeas corpus is granted. The trial court may revisit the issue if there is an appro priate basis to do so. Id.; D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003).
Petition GRANTED.
THOMPSON, ORFINGER and MONACO, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Cited By
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C.N.W. v. State, 932 So. 2d 615 (Fla. 5th DCA 2006)…5th DCA 1995). According to petitioner, the trial court erred in its scoring points on the RAI for absconding from her home. In response to the petition, the state correctly concedes that her argument on that issue is well-taken. See M.D. v. State, 923 So. 2d 556 (Fla. 5th DCA 2006); T.D.S. v. State, 922 So. 2d 346 (Fla. 5th DCA 2006); C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA 2006). However, the state asserts that the remedy is not necessarily to release the petitioner because the case can be remanded w…
Authorities Cited
- D.B. v. State, 848 So. 2d 1219 (Fla. 3d DCA 2003)
- Marcine Howard v. State, 920 So. 2d 787 (Fla. 4th DCA 2006)
- C.D.T. v. State, 920 So. 2d 787 (Fla. 5th DCA 2006)