BRANDON PANGBURN, PETITIONER,
v.
RIC L. BRADSHAW, AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, RESPONDENT
BRANDON PANGBURN, PETITIONER,
RIC L. BRADSHAW, AS SHERIFF OF PALM BEACH COUNTY, FLORIDA, RESPONDENT
39 So. 3d 578
Florida District Court of Appeal, Fourth District (2010)
Positive Treatment
Cited by 2 cases
Opinion of the Court
We grant Brandon Pangburn’s petition for writ of habeas corpus. Pangburn is currently in jail awaiting placement in a residential treatment program. No authority has been identified to support his detention. Compare § 916.107(1), Fla. Stat. (2009). The violation of probation affidavit that had been filed was withdrawn, yet Pangburn’s probationary term was modified to provide for his placement in the treatment program. Jail pending placement was not a term of any agreement and nothing in the record furnished reveals a basis to support that detention. No statute or rule of procedure authorizes his continued detention.
Petition for writ of habeas corpus granted.
GROSS, C.J., MAY and CIKLIN, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
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Hughes v. State of Fla. & Wayne Ivey, 221 So. 3d 1238 (Fla. 5th DCA 2017)…07, Fla. Stat. (2017) (emphasis added). Thus, because Hughes’s detention exceeded fifteen days, “[n]o statute or rule of procedure authorize^] his continued detention,” and the trial court had grounds to grant his petition. See Pangburn v. Bradshaw, 39 So. 3d 578, 578 (Fla. 4th DCA 2010). However, just as the Fourth District Court did in Facyson v. Jenne, 821 So. 2d 1169, 1171 (Fla. 4th DCA 2002), we find that, despite our “power to release individuals who are being detained without legal authority, we do' n…