Dependency Law Finder

Florida's dependency statutes, court rules and DCF operating procedures, with the appellate opinions that apply them

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R.J.K. v. State375 So. 2d 871 (Fla. 1st DCA 1979) · 1DOO-493

Court
1st DCA
Decided
1979-10-11
On CourtListener
375 So.2d 871 (1979)

R.J.K., Petitioner,
v.
STATE of Florida, Respondent.

No. OO-493.

District Court of Appeal of Florida, First District.

October 11, 1979.

Louis O. Frost, Jr., Public Defender, Duval County, Claudia T. Wright, Asst. Public Defender, for petitioner.

Jim Smith, Atty. Gen., Wallace E. Allbritton, Asst. Atty. Gen., for respondent.

LARRY G. SMITH, Judge.

Petitioner filed his petition for writ of habeas corpus attacking that portion of the sentence in his juvenile proceeding which provided for his commitment to the Department of Health and Rehabilitative Services "for an indeterminate period of time of not less than one year", etc. The same point was raised on appeal in B.J. v. State of Florida, 374 So.2d 1106 (1979). In that case the appellant argued and the State conceded that the trial court cannot commit a juvenile for a specific period of time.

Habeas corpus is available to secure relief from an illegal or improper sentence. 15 Florida Jurisprudence, "Habeas Corpus", § 44, and cases therein cited.

This cause is remanded to the trial court for the entry of an amended order of adjudication and commitment pursuant to the requirements of Section 39.11(1)(c), Florida Statutes (Supp. 1978).

McCORD, Acting C.J., and SHIVERS, J., concur.

Opinion text: CourtListener, Free Law Project. Not an official reporter; check the court's version before citing.