M.A., A JUVENILE, PETITIONER,
v.
THE STATE OF FLORIDA, RESPONDENT
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PER CURIAM.
Upon the state’s proper confession of error, we grant the petition for writ of habeas corpus and order the immediate release of the petitioner from nonsecure detention where he was charged with two misdemeanors. As both the petitioner and respondent recognize, where M.A. has been charged with the misdemeanor act of domestic violence, he may only be held in secure detention if the court makes written findings that: “(a) The offense of domestic violence which the child is charged with committing caused physical injury to the victim; (b) Respite care for the child is not available; and (c) It is necessary - to place the child in secure detention in order to protect the victim from further injury.” § 985.213(2)(b)(3), Fla. Stat. (1997). There is no statutory basis for the nonsecure detention of a juvenile charged with the misdemeanor offense of domestic violence. Thus, we grant the petition and order the release of M.A. forthwith. Our granting of this writ, however, is without prejudice for the court to consider whether the secure detention of M.A. is appropriate and, if so, to make the appropriate written statutory findings. See id.
Writ Granted.
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J.R. v. State, 746 So. 2d 1264 (Fla. 3d DCA 2000)…PER CURIAM. Based on sections 985.215 and 985.213(2)(b)(3), Florida Statutes (1999), and this Court’s decision in M.A. v. State, 708 So. 2d 332 (Fla. 3d DCA 1998), the state concedes that the Petition for Writ of Habeas Corpus should be granted. We agree. The petition is granted with directions that respondent be immediately released from non-secure detention. As in M.A., our granting of…
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Z.W. v. LaFLAM, 761 So. 2d 1268 (Fla. 3d DCA 2000)…on the State’s proper confession of error, we grant the petition for writ of habeas corpus and order the immediate release of the petitioner from home detention where he is charged with one misdemeanor count of battery. As we did in M.A. v. State, 708 So. 2d 332, 333 (Fla. 3DCA 1998), we grant the writ and remand to the lower court “without prejudice for the court to consider whether the secure detention of [Z.W.] is appropriate and, if so, to make the appropriate written statutory findings.” Id. Writ gr…