J.F., PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT
J.F., PETITIONER,
STATE OF FLORIDA, RESPONDENT
232 So. 3d 1182
Florida District Court of Appeal, Fifth District (2018)
Opinion of the Court
J.F. petitions this court for a writ of habeas corpus, arguing that he is entitled to immediate release from involuntary inpatient placement at Stewart-Marchman-Act in Daytona Beach, Florida, because the record does not contain clear and convincing evidence that he is a danger to himself or others. The State properly concedes error and agrees that the wiit of habeas corpus should be granted. Accordingly, we grant the petition and order his immediate release. See § 394.467(l)(a), Fla. Stat. (2017); C.W. v. State, 214 So.3d 796, 797 (Fla. 5th DCA 2017) (citing In re Lehrke, 12 So.3d 307, 308-09 (Fla. 2d DCA 2009)). No motion for rehearing will be entertained.
PETITION GRANTED.
PALMER, BERGER and EISNAUGLE, JJ., concur.
Cases With Similar Vibessemantic neighbors from the corpus
Citator
Authorities Cited
- In re Involuntary Placement of Michael Lehrke: Michael Lehrke v. State, 12 So. 3d 307 (Fla. 2d DCA 2009)
- Fleming v. State, 12 So. 3d 307 (Fla. 4th DCA 2009)
- Brussot v. Duval Brussot, 214 So. 3d 796 (Fla. 4th DCA 2017)
- C.W. v. State, 214 So. 3d 796 (Fla. 5th DCA 2017)