Opinion
No. 3D05-1909.
August 12, 2005.
A Case of Original Jurisdiction — Habeas Corpus.
Bennett H. Brummer, Public Defender and Billie Jan Goldstein, Assistant Public Defender, for petitioner.
Charles J. Crist, Jr., Attorney General and Jennifer Falcone Moore, Assistant Attorney General, for respondents.
Before GREEN, FLETCHER, and SHEPHERD, JJ.
D.C. petitions for a writ of habeas corpus challenging the trial court's order confining her in secure detention. Based on the state's appropriate confession of error, we grant the petition and order D.C. released to home detention forthwith.
Based on the properly calculated Risk Assessment Instrument, D.C. only scores a total of ten points, qualifying her for non-secure, or home detention. See § 985.213(2)(a), Fla. Stat. (2004); S.W. v. Woolsey, 673 So.2d 152 (Fla. 1st DCA 1996). The court erred in imposing secure detention.
Habeas corpus granted. Petitioner to be released forthwith.