03-3018 S.C. V. STATE, ETC.

State: Florida

Court: Florida Third District Court

Docket No: 03-3018 S.C. V. STATE, ETC.

Case Date: 12/03/2003

Preview:IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JULY TERM, A.D. 2003

S.C., a juvenile, Petitioner, vs.

** ** ** CASE NO. 3D03-3018 ** LOWER TRIBUNAL NO. 03-7914

THE STATE OF FLORIDA, and GEORGE LAFLAM, Superintendent Miami-Dade Juvenile Detention ** Center, ** Respondents. **

Opinion filed December 3, 2003.

A Case of Original Jurisdiction - Habeas Corpus. Bennett H. Brummer, Public Defender and Carlos Gonzalez, Assistant Public Defender, for petitioner. Charles J. Crist, Jr., Attorney General and Steven R. Berger, Assistant Attorney General, for respondents. Before SCHWARTZ, C.J., and LEVY and SHEVIN, JJ. PER CURIAM. In accordance with the state's agreement and our examination

of the record, we conclude that the November 14, 2003 order1 finding the juvenile petitioner guilty of indirect contempt for violating curfew and sentencing him to two days of secure

detention is invalid as violative of Florida Rule of Juvenile Procedure 8.285(b)(6), with respect to the contempt finding, and 8.285(b)(7), with respect to the sentence. Hence, the

application for Habeas Corpus is granted and the petitioner is released from custody. Habeas corpus granted.

1

By order of this court, S.C. was released from custody later the same day. 2

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