S.C. v. State

District Court of Appeal of Florida

S.C. v. State

35 So. 3d 971, 2010 Fla. App. LEXIS 6632

CourtDistrict Court of Appeal of Florida

DecidedMay 7, 2010

DocketNo. 5D10-1438

StatusPublished

This text of 35 So. 3d 971 (S.C. 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

S.C. v. State, 35 So. 3d 971, 2010 Fla. App. LEXIS 6632 (Fla. Ct. App. 2010).

Pincite

Opinion

PER CURIAM.

The petitioner seeks habeas corpus relief, requesting this court quash a behavioral order which is improper. We agree.

The State concurs in their response to the petition in this case, that the petitioner is not in any legal status from which the trial court could release the child or impose conditions of release, the child scoring one point on her detention risk assessment instrument and having been earlier [972]*972released after arrest. See C.A.F. v. State, 976 So.2d 629 (Fla. 5th DCA 2008).

Consequently, the behavioral order entered by the trial court is hereby quashed.

PETITION GRANTED.

ORFINGER, TORPY and LAWSON, JJ., concur.

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