Third District Court of Appeal
State of Florida
Opinion filed October 10, 2014.
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No. 3D14-2444
Lower Tribunal No. 14-1337
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L.V., a juvenile,
Petitioner,
vs.
The State of Florida, et al.,
Repondent.
A Petition for Writ of Habeas Corpus from the Circuit Court for Miami-
Dade County, Orlando A. Prescott, Judge.
Carlos J. Martinez, Public Defender, and Billie Jan Goldstein, Assistant
Public Defender, for petitioner.
Pamela Jo Bondi, Attorney General, and Jeffrey R. Geldens, Assistant
Attorney General, for respondent.
Before SALTER, FERNANDEZ and SCALES, JJ.
PER CURIAM.
In light of the State’s concession, we grant L.V.’s emergency petition for
writ of habeas corpus, and order that L.V. be released from secure detention and
returned to the custody of the Department of Children and Families. See Michaels
v. Loftus, 139 So. 3d 324, 327 (Fla. 3d DCA 2014) (“The law requires a charge of
direct criminal contempt to be proven beyond a reasonable doubt.”).
This relief is granted without prejudice to further proceedings permitting the
trial court to make additional findings that would support its conclusion. See, e.g.,
Woods v. State, 987 So. 2d 669, 677 (Fla. 2d DCA 2007) (reversing and
remanding an order of criminal contempt because “[t]he trial court had to establish
that Mr. Woods’ statement, coupled with his actions, were intended to constitute an
imminent threat to the administration of justice.”).
Petition granted without prejudice.
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