M.A. v. State

District Court of Appeal of Florida

M.A. v. State

708 So. 2d 332, 1998 Fla. App. LEXIS 3671, 1998 WL 158892

CourtDistrict Court of Appeal of Florida

DecidedApril 7, 1998

DocketNo. 98-812

StatusPublished

Cited by2 cases

This text of 708 So. 2d 332 (M.A. 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

M.A. v. State, 708 So. 2d 332, 1998 Fla. App. LEXIS 3671, 1998 WL 158892 (Fla. Ct. App. 1998).

Pincite

Opinion

CONFESSION OF ERROR

PER CURIAM.

Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus and order the immediate release of the petitioner from nonsecure detention where he was charged with two misdemeanors. As both the petitioner and respondent recognize, where M.A. has been charged with the misdemeanor act of domestic violence, he may only be held in secure detention if the court makes written findings that: “(a) The offense of domestic violence which the child is charged with committing caused physical injury to the victim; (b) Respite care for the child is not available; and (c) It is necessary - to place the child in secure detention in order to protect the victim from further injury.” § 985.213(2)(b)(3), Fla. Stat. (1997). There is no statutory basis for the nonsecure detention of a juvenile charged with the misdemeanor offense of domestic violence. Thus, we grant the petition and order the release of M.A. forthwith. Our granting of this writ, however, is without prejudice for the court to consider whether the secure detention of M.A. is appropriate and, if so, to make the appropriate written statutory findings. See id.

Writ Granted.

Free access — add to your briefcase to read the full text and ask questions with AI

CONFESSION OF ERROR

PER CURIAM.

Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus and order the immediate release of the petitioner from nonsecure detention where he was charged with two misdemeanors. As both the petitioner and respondent recognize, where M.A. has been charged with the misdemeanor act of domestic violence, he may only be held in secure detention if the court makes written findings that: “(a) The offense of domestic violence which the child is charged with committing caused physical injury to the victim; (b) Respite care for the child is not available; and (c) It is necessary - to place the child in secure detention in order to protect the victim from further injury.” § 985.213(2)(b)(3), Fla. Stat. (1997). There is no statutory basis for the nonsecure detention of a juvenile charged with the misdemeanor offense of domestic violence. Thus, we grant the petition and order the release of M.A. forthwith. Our granting of this writ, however, is without prejudice for the court to consider whether the secure detention of M.A. is appropriate and, if so, to make the appropriate written statutory findings. See id.

Writ Granted.

Cite This Page — Counsel Stack

Bluebook (online)

708 So. 2d 332, 1998 Fla. App. LEXIS 3671, 1998 WL 158892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/ma-v-state-fladistctapp-1998.

Opinion

Related

Cite This Page — Counsel Stack