RICHARD DECKER, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 2d DCA | 1973-06-13
No. 72-1026
MANN, C. J., and LILES and BOARD-MAN, JJ., concur.
279 So. 2d 50 Florida District Court of Appeal, Second District (1973) Positive Treatment
Cited by 10 cases

Opinion of the Court
PER CURIAM.

PER CURIAM.

Reversed and remanded with directions to vacate the judgment and sentence and discharge the defendant on the authority of Freimuth v. State, Fla.1972, 272 So.2d 473, and State v. Hoagland, Fla. 1973, 272 So.2d 478.

MANN, C. J., and LILES and BOARD-MAN, JJ., concur.


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  • In the Interest of K.A.B. v. Hyson, 483 So. 2d 898 (Fla. 5th DCA 1986)
    …s custody. The agency is, of course, better equipped to make day-to-day health and welfare decisions which concern the child. T.W. v. State, 338 So. 2d 549 (Fla.2d DCA 1976); F.B. v. State, 319 So. 2d 77 (Fla. 1st DCA 1975); In the Interest of J.N., 279 So. 2d 50 (Fla. 4th DCA 1973). The courts are not given general supervisory power over the Department of Health and Rehabilitative Services under the statutes. Fla. Depart. of Health and Rehab. Serv., 327 So. 2d 115 (Fla. 1st DCA 1976); Department of Health a…
  • J. D. v. State, 417 So. 2d 1151 (Fla. 1st DCA 1982)
    …“3) training school” as the third option. HRS then found a halfway house for J. D. Prior to the enactment of Section 39.-09(3)(e), the trial judge lacked authority to revisit commitment orders to control HRS placement of the child. J. N. v. State, 279 So. 2d 50 (Fla. 4th DCA 1973). There is nothing in Section 39.09(3)(e) to alter this. The amended orders are therefore vacated. We need not reach J. D.’s attack on the amended orders based on L. J. N. v. State, 411 So. 2d 1349 (Fla. 1st DCA 1982). J. D. als…
  • A. S. W. v. State, 327 So. 2d 872 (Fla. 2d DCA 1976)
    …llant was “committed to the Arthur Dozier School for Boys for an indeterminate sentence, and must get prior approval from this Court prior to release from training school” is hereby vacated upon the authority of Interest of J. N., Fla.App.4th, 1973, 279 So. 2d 50. HOBSON, A. C. J., and BOARDMAN and GRIMES, JJ., concur.…

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