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D.T.M. v. STATE

No. 5D10-2936.

46 So.3d 623 (2010)

D.T.M., A Child, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fifth District.

October 14, 2010.

Attorney(s) appearing for the Case

James S. Purdy , Public Defender and David S. Morgan , Assistant Public Defender, Daytona Beach, for Petitioner.

Bill McCollum , Attorney General, Tallahassee, and Robin A, Compton , Assistant Attorney General, Daytona Beach, for Respondent.

PER CURIAM.

D.T.M. (a juvenile) has filed a petition seeking a writ of habeas corpus, claiming that he is being unlawfully detained because the trial court improperly violated his probation without any affidavit of violation having been filed. We agree.

Rule 8.120(a)(2) of the Florida Rules of Juvenile Procedure requires that "[a]ny proceeding alleging a violation shall be initiated by the filing of a sworn affidavit

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