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C.D.T. v. STATE

No. 5D06-464.

920 So.2d 787 (2006)

C.D.T., a Child, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

February 16, 2006.

Attorney(s) appearing for the Case

Robert Wesley, Public Defender and Olga M. Telleria-Khoudmi, Assistant Public Defender, Orlando, for Petitioner.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Allison L. Morris, Assistant Attorney General, Daytona Beach, for Respondent.

THOMPSON, J.

Petitioner, C.D.T., a juvenile, seeks a writ of habeas corpus, contending that he is being unlawfully detained in secure detention despite a Risk Assessment Instrument ("RAI") score of zero and that he does not meet the requisites for secure detention. See § 985.213, Fla. Stat. (2005). We agree and grant the petition.

C.D.T. was arrested 9 February 2006 for a violation of probation ("VOP"). He was released into home detention and scheduled...

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