Opinion
No. 98-872.
Opinion filed April 15, 1998. JANUARY TERM, A.D. 1998.
A Case of Original Jurisdiction — Habeas Corpus, David Young, Acting Circuit Judge. L.T. Nos. J97-1974A, 97-2663A, 97-10768.
Bennett H. Brummer, Public Defender and Julie M. Levitt, Assistant Public Defender, for petitioner.
Robert A. Butterworth, Attorney General and Sandra S. Jaggard, Assistant Attorney General, for respondent.
Before SCHWARTZ, C.J., and GODERICH and SHEVIN, JJ.
The state agrees that, under section 985.215(10)(a)1 (b), Florida Statutes (1997), a juvenile respondent such as the petitioner may be punished for a violation of home detention while awaiting placement by no more than five days in secure detention. His continued confinement for longer than that period, as ordered by the court below, is therefore unjustified. See M.L.F. v. State, 678 So.2d 1307 (Fla. 1st DCA 1996); see also R.E.D. v. Gnat, 681 So.2d 847 (Fla. 1st DCA 1996).
Accordingly, habeas corpus is granted and the petitioner ordered released from secure detention forthwith.