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D.P. v. CAPRI

No. 81-1197.

399 So.2d 1030 (1981)

D.P., a Juvenile, Petitioner, v. Doris CAPRI, Director of Dade County Juvenile Detention Center, Respondent.

District Court of Appeal of Florida, Third District.

June 5, 1981.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and Rory Stein, Asst. Public Defender and Henri Rauch, Legal Intern, for petitioner.

Jim Smith, Atty. Gen. and Steven R. Jacob, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, BASKIN and DANIEL S. PEARSON, JJ.

SCHWARTZ, Judge.

After a detention hearing, the trial judge ordered the juvenile placed in secure detention pending trial solely upon an exercise of what were said to be the court's "discretionary powers." By separate order, we have granted the child's petition for habeas corpus and ordered him released forthwith in the custody of his parents, because no such discretionary authority exists under Section 39.032(2), Florida Statutes (1980 Supp.).1...

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