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T.W.C. v. PATE

District Court of Appeal of Florida, First District
Apr 11, 1979
369 So. 2d 361 (Fla. Dist. Ct. App. 1979)
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Summary

granting petition for writ of habeas corpus on ground that trial court was without jurisdiction to extend original detention of juvenile where statutory conditions not met

Summary of this case from Alachua Regional Juvenile Detention Ctr. v. T. O
See 3 Summaries

Opinion

No. MM-403.

March 14, 1979. Rehearing Denied April 11, 1979.

Petition from the Circuit Court, Duval County.

Louis O. Frost, Jr., Public Defender, and Claudia T. Wright, Asst. Public Defender, Jacksonville, for petitioner.

Dorothy H. Pate, pro se.

PER CURIAM.

The child T.W.C. petitions for a writ of habeas corpus challenging his detention by the respondent circuit judge by an order entered February 8, 1979, releasing T.W.C. to the custody of his mother but preserving power indefinitely to redetain the child on his failure to comply with stated conditions. The court's jurisdiction stems from an arrest on December 14, 1978, for carrying a concealed weapon, and an order of nonsecure detention, on conditions, entered December 22, 1978. The 21-day period prescribed for an adjudicatory hearing by Sections 39.01 and 39.032(5)(c), Florida Statutes (1977), elapsed January 5, 1979, without an adjudicatory hearing having been held. In the absence of new grounds for detention, regularly charged and supported by evidence in accordance with Chapter 39, the court was thereafter without jurisdiction to extend the original detention, by means secure or nonsecure, conditional or unconditional. The petition for habeas corpus is GRANTED and T.W.C. is discharged from the custodial effect of the order of February 8, 1979.

SMITH, Acting C.J., and ERVIN and MELVIN, JJ., concur.

PER CURIAM.

ON PETITION FOR REHEARING

PER CURIAM.

The writ of habeas corpus ordered by this Court's opinion filed March 14, 1979, is considered as addressed to Carlton Jones, Duval Regional Juvenile Detention Center, Jacksonville, Florida, from whose custody petitioner is to be discharged. The motion for rehearing is otherwise DENIED.

ROBERT SMITH, Acting C.J., and ERVIN and MELVIN, JJ., concur.

Summaries of

T.W.C. v. PATE

District Court of Appeal of Florida, First District
Apr 11, 1979
369 So. 2d 361 (Fla. Dist. Ct. App. 1979)

granting petition for writ of habeas corpus on ground that trial court was without jurisdiction to extend original detention of juvenile where statutory conditions not met

Summary of this case from Alachua Regional Juvenile Detention Ctr. v. T. O

In T.W.C. v. Pate, 369 So.2d 361 (Fla. 1st DCA 1979), the First District agreed that a child held in detention more than twenty-one days without a detention hearing was entitled to release, unless there were new grounds for detention which had been charged in accordance with Chapter 39. Absent such new charges, the First District held that the trial court was without jurisdiction to extend the original detention.

Summary of this case from Z.R. v. State

In T.W.C. v. Pate, 369 So.2d 361 (Fla. 1st DCA), reh'g denied (1979), the First District Court of Appeal granted a petition for writ of habeas where a minor was placed in indefinite home detention.

Summary of this case from P.R. v. Johnson
Case details for

T.W.C. v. PATE

Case Details

Full title:T.W.C., PETITIONER, v. DOROTHY H. PATE, AS JUDGE OF THE CIRCUIT COURT, IN…

Court:District Court of Appeal of Florida, First District

Date published: Apr 11, 1979

Citations

369 So. 2d 361 (Fla. Dist. Ct. App. 1979)

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Z.R. v. State

However, no such motion was made nor any continuance granted during the twenty-one days the juveniles were…

P.R. v. Johnson

Accordingly, the petitioner is entitled to release from detention forthwith. In T.W.C. v. Pate, 369 So.2d 361…

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