D.L.W. v. State

District Court of Appeal of Florida

D.L.W. v. State

931 So. 2d 284, 2006 Fla. App. LEXIS 10603, 2006 WL 1725032

CourtDistrict Court of Appeal of Florida

DecidedJune 23, 2006

DocketNo. 5D06-2160

StatusPublished

This text of 931 So. 2d 284 (D.L.W. v. State) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

D.L.W. v. State, 931 So. 2d 284, 2006 Fla. App. LEXIS 10603, 2006 WL 1725032 (Fla. Ct. App. 2006).

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Opinion

PER CURIAM.

Petitioner, D.L.W., a juvenile in four delinquency cases before the circuit court, seeks a writ of habeas corpus to obtain his immediate release from secure detention. On May 15, 2006 petitioner was adjudicated delinquent and placed on home detention while awaiting commitment to a moderate risk facility. On June 9, 2006, petitioner violated home detention and was detained on June 11, 2006. ■ On June 16, 2006, the circuit court heard a motion to release child, and ordered that petitioner remain in secure detention for twenty days with credit for time served.

Under section 985.215(10)(b), Florida Statutes (2005), five days in secure detention are authorized for a violation of the conditions of home detention while a juvenile is awaiting placement with the Department in a minimum risk, low risk, or moderate risk program. For any subsequent violation, the court may impose an additional five days in secure detention. ■

The circuit court imposed consecutive five-day terms of secure detention' on each delinquency case that was before the court, for a total of twenty days. As there was only one violation of home detention, it was improper under section 985.215(10)(b), Florida Statutes, to impose any term of secure detention which exceeded five days. See T.C.F. v. State, 929 So.2d 692 (Fla. 5th DCA 2006); T.W. v. Edwards-Ellis, 903 So.2d 1050 (Fla. 1st DCA 2005); J.B. v. Rayford, 707 So.2d 434 (Fla. 3d DCA 1998). We therefore grant the petition and order that the child be immediately released from secure detention, as he has served more than five days in secure detention at this point.

PETITION GRANTED.

ORFINGER, MONACO and TORPY,' JJ., concur.

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PER CURIAM.

Petitioner, D.L.W., a juvenile in four delinquency cases before the circuit court, seeks a writ of habeas corpus to obtain his immediate release from secure detention. On May 15, 2006 petitioner was adjudicated delinquent and placed on home detention while awaiting commitment to a moderate risk facility. On June 9, 2006, petitioner violated home detention and was detained on June 11, 2006. ■ On June 16, 2006, the circuit court heard a motion to release child, and ordered that petitioner remain in secure detention for twenty days with credit for time served.

Under section 985.215(10)(b), Florida Statutes (2005), five days in secure detention are authorized for a violation of the conditions of home detention while a juvenile is awaiting placement with the Department in a minimum risk, low risk, or moderate risk program. For any subsequent violation, the court may impose an additional five days in secure detention. ■

The circuit court imposed consecutive five-day terms of secure detention' on each delinquency case that was before the court, for a total of twenty days. As there was only one violation of home detention, it was improper under section 985.215(10)(b), Florida Statutes, to impose any term of secure detention which exceeded five days. See T.C.F. v. State, 929 So.2d 692 (Fla. 5th DCA 2006); T.W. v. Edwards-Ellis, 903 So.2d 1050 (Fla. 1st DCA 2005); J.B. v. Rayford, 707 So.2d 434 (Fla. 3d DCA 1998). We therefore grant the petition and order that the child be immediately released from secure detention, as he has served more than five days in secure detention at this point.

PETITION GRANTED.

ORFINGER, MONACO and TORPY,' JJ., concur.

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931 So. 2d 284, 2006 Fla. App. LEXIS 10603, 2006 WL 1725032, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dlw-v-state-fladistctapp-2006.

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