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D.C. v. STATE

No. 3D05-1909.

907 So.2d 1292 (2005)

D.C., a juvenile, Petitioner, v. The STATE of Florida, and Walter Davis, Regional Director, Department of Juvenile Justice and Acting Superintendent, Miami-Dade Regional Juvenile Detention Center, Respondents.

District Court of Appeal of Florida, Third District.

August 12, 2005.

Attorney(s) appearing for the Case

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.

PER CURIAM.

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 nonsecure, or home detention. See § 985.213(2)(a), Fla. Stat. (2004);

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