Opinion
Case No. 3D03-3018.
Opinion filed December 3, 2003.
A Case of Original Jurisdiction — Habeas Corpus.
Lower Tribunal No. 03-7914.
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.
In accordance with the state's agreement and our examination of the record, we conclude that the November 14, 2003 order 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.
By order of this court, S.C. was released from custody later the same day.
Habeas corpus granted.