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46 So. 3d 623

D.T.M. v. State

District Court of Appeal of Florida

Decided October 14, 2010

District Court of Appeal of Florida · decided 2010-10-14

Cited by 1 later decisions — most recently March 2018

1 state decisions

Key passage — most relied on by later courts

“the child's juvenile probation officer or other person having actual knowledge of the facts.”

quoted by 1 later decision, including State v. T.A.K.

“[t]he plain language of rule 8.120 requires a sworn affidavit”

quoted by 1 later decision, including State v. T.A.K.

Good law ✅— No negative treatment on recordhow we know

Decided 2010-10-14

View the full empirical analysis of this case →

PER CURIAM.

¶1D.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.

¶2Rule 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 *624of the material facts supporting the allegation ... executed by the child’s juvenile probation officer or other person having actual knowledge of the facts.” The trial court may initiate revocation proceedings by the entry of an order, but that order “must incorporate and reference the affidavit described in subdivision (a)(2).” Fla. R. Juv. P. 8.120(a)(4).

¶3In this case, no affidavit appears in the record or court docket. The docket merely indicates that the trial court received an e-mail alleging that D.T.M. had absconded in violation of his probation. The plain language of rule 8.120 requires a sworn affidavit.

¶4Accordingly, we grant D.T.M.’s petition and order that he be released from commitment and reinstated to probation. This order is without prejudice to the initiation of a proper revocation proceeding.

¶5PETITION GRANTED.

PALMER, ORFINGER and EVANDER, JJ., concur.
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