Pangburn v. Bradshaw

District Court of Appeal of Florida

Pangburn v. Bradshaw

39 So. 3d 578, 2010 Fla. App. LEXIS 11421, 2010 WL 3037262

District Court of Appeal of Florida·Decided August 5, 2010·No. 4D10-3160·Published·Cited by 1 cases

Opinion

PER CURIAM.

We grant Brandon Pangburn’s petition for writ of habeas corpus. Pangburn is currently in jail awaiting placement in a residential treatment program. No authority has been identified to support his detention. Compare § 916.107(1), Fla. Stat. (2009). The violation of probation affidavit that had been filed was withdrawn, yet Pangburn’s probationary term was modified to provide for his placement in the treatment program. Jail pending placement was not a term of any agreement and nothing in the record furnished reveals a basis to support that detention. No statute or rule of procedure authorizes his continued detention.

Petition for writ of habeas corpus granted.

GROSS, C.J., MAY and CIKLIN, JJ., concur.

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PER CURIAM.

We grant Brandon Pangburn’s petition for writ of habeas corpus. Pangburn is currently in jail awaiting placement in a residential treatment program. No authority has been identified to support his detention. Compare § 916.107(1), Fla. Stat. (2009). The violation of probation affidavit that had been filed was withdrawn, yet Pangburn’s probationary term was modified to provide for his placement in the treatment program. Jail pending placement was not a term of any agreement and nothing in the record furnished reveals a basis to support that detention. No statute or rule of procedure authorizes his continued detention.

Petition for writ of habeas corpus granted.

GROSS, C.J., MAY and CIKLIN, JJ., concur.

Pangburn v. Bradshaw, 39 So. 3d 578, 2010 Fla. App. LEXIS 11421, 2010 WL 3037262 (Fla. Ct. App. 2010).

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