4D04-2315-Brooke Nicole Mullin v. Ken Jenne, et al.

State: Florida

Court: Florida Fourth District Court

Docket No: 4D04-2315

Case Date: 01/12/2005

Preview:IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FOURTH DISTRICT JANUARY TERM 2005 section 948.08(6), Florida Statutes (2003). On August 27, 2003, she signed a Deferred Prosecution Agreement [DPA], specifically providing that prosecution of the charges would be deferred for a period of twenty-four (24) months if she complied with nine requirements. Number 8 required her to "attend and successfully complete the BSO Drug Court Treatment Program . . . ." The DPA further provided the judge could "revoke or modify the conditions" of the DPA by "[o]rdering [her] to continue in education and treatment or ordering that the charges revert to normal channels for prosecution . . . ." Upon the defendant's request at arraignment, the court ordered the defendant into a halfway house. At her first status conference on October 7, 2003, the court was advised that the defendant had failed to enter the halfway house and had not reported to the Department of Corrections. Over the defendant's objection, the court took her into custody. She was placed in a licensed, clinical substance abuse program in the jail until a bed became available at the county-run intensive residential treatment program. At the next status conference on November 13, 2003, the defendant, defense counsel, and the court discussed the defendant's progress and her improved health and appearance since her placement in the jail-based program. She remained in custody awaiting placement in the residential treatment program. On December 18, 2003, defense counsel reported the defendant absconded four days after release to the residential program. Defense counsel agreed that "[s]he definitely needed to dry out. . . . She has

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