¶1This case was filed as a petition by a juvenile for a writ of habeas corpus to review an order of secure detention. We denied the petition but indicated that we would explain our reasoning by an opinion later.
¶2On the substantive issue, we conclude that the record supports the trial judge’s decision to order secure detention. The juvenile was positively identified as the burglar, with property of the victim in his possession. His mother testified that “he doesn’t respect authority, he doesn’t respect other people’s property, and he lies_ Every night, every day, he comes home with something stolen, and I refuse to let him in the house with it.” The record thus supports the detention.
¶3As a procedural matter this case was filed as a petition for a writ of habeas corpus to review the detention order. Section 985.215(5)(a) states that an order of detention shall be deemed a final order reviewable by appeal under the rules of appellate procedure.
¶4. § 985.215(5)(a), Fla. Stat. (1997) (formerly § 39.044(5)(a), Fla. Stat. (Supp.1996)); see also ch. 97-238, § 23, at 4252, Laws of Fla.
¶5dissenting.
¶6I disagree with the first district’s constitutional decision in this case. The plenary power of the legislature to establish substantive rights, to my mind, carries with it the power to say when a right is so important that the judicial determination of it is final for purposes of appellate review. Secure detention of juvenile offenders is surely among such matters.
¶7Moreover, limiting review of detention orders to habeas corpus operates as a limitation on the power of the court to review them. The only issue sustainable in habeas corpus is whether the detention is illegal, while appeal allows review of any issue touching or concerning the detention. I would certify conflict with T.L.W.