I.M.W. v. State

Full title: I.M.W., a child, Petitioner, v. State of Florida, Respondent.

Court: Florida Court of Appeals, First District

Date published: Aug 5, 2022

343 So. 3d 688 (Fla. Dist. Ct. App. 2022)

Opinion

No. 1D22-2378

08-05-2022

I.M.W., a child, Petitioner, v. STATE of Florida, Respondent.

Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Petitioner. Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

PER CURIAM.

Charlie Cofer, Public Defender, and Elizabeth Hogan Webb, Assistant Public Defender, Jacksonville, for Petitioner.

Ashley Moody, Attorney General, and Heather Flanagan Ross, Assistant Attorney General, Tallahassee, for Respondent.

Per Curiam.

The Court grants the petition for writ of habeas corpus based on the circuit court's failure to make the appropriate findings pursuant to Florida Rule of Juvenile Procedure 8.150(c)(6). See State v. Diaz de la Portilla , 177 So. 3d 965, 973 (Fla. 2015) (citations omitted) (holding that the trial court must determine whether the defendant willfully violated the court's order because intent is an essential element of contempt). The Court will not entertain any motion for rehearing. Petitioner shall be released from secure detention immediately.

Roberts, Osterhaus, and Long, JJ., concur.