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D.B. v. STATE

No. 3D03-1767.

848 So.2d 1219 (2003)

D.B., A Juvenile, Petitioner, v. The STATE of Florida, and George Laflam, Superintendent, Miami-Dade Juvenile Detention Center, Respondents.

District Court of Appeal of Florida, Third District.

July 7, 2003.

Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender, and Carlos Gonzalez, Assistant Public Defender, for petitioner.

Charles J. Crist, Jr., Attorney General, and Andrea D. England, Assistant Attorney General, for respondents.

Before COPE and SHEVIN, JJ., and NESBITT, Senior Judge.

Confession of Error

PER CURIAM.

D.B. petitions for a writ of habeas corpus, seeking release from home detention care with an electronic monitor. In its response, the State confesses error. The State acknowledges that D.B. does not qualify for home detention based on the risk assessment instrument. See § 985.213(2), Fla. Stat. (2002). The statute permits a more restrictive placement than that indicated by the risk assessment instrument...

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