D.T.M. v. State
This text of 46 So. 3d 623 (D.T.M. 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.
Opinion
D.T.M. (a juvenile) has filed a petition seeking a writ of habeas corpus, claiming that he is being unlawfully detained because the trial court improperly violated his probation without any affidavit of violation having been filed. We agree.
Rule 8.120(a)(2) of the Florida Rules of Juvenile Procedure requires that “[a]ny proceeding alleging a violation shall be initiated by the filing of a sworn affidavit [624]*624of the material facts supporting the allegation ... executed by the child’s juvenile probation officer or other person having actual knowledge of the facts.” The trial court may initiate revocation proceedings by the entry of an order, but that order “must incorporate and reference the affidavit described in subdivision (a)(2).” Fla. R. Juv. P. 8.120(a)(4).
In this case, no affidavit appears in the record or court docket. The docket merely indicates that the trial court received an e-mail alleging that D.T.M. had absconded in violation of his probation. The plain language of rule 8.120 requires a sworn affidavit.
Accordingly, we grant D.T.M.’s petition and order that he be released from commitment and reinstated to probation. This order is without prejudice to the initiation of a proper revocation proceeding.
PETITION GRANTED.
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Cite This Page — Counsel Stack
46 So. 3d 623, 2010 Fla. App. LEXIS 15592, 2010 WL 4024757, Counsel Stack Legal Research, https://law.counselstack.com/opinion/dtm-v-state-fladistctapp-2010.