E. W. B., Appellant/Petitioner(s), v. STATE (2018)

District Court of Appeal of Florida, Second District.

E. W. B., Appellant/Petitioner(s), v. STATE of Florida, Appellee/Respondent(s).

CASE NO.: 2D17–4870

Decided: January 04, 2018

The petitioner's petition for writ of habeas corpus is granted. See Dugqer v. Williams, 593 So.2d 180, 181 (Fla. 1991) (holding “the ex post facto provision can be violated even by the retroactive diminishment of access to a purely discretionary or conditional advantage”). The trial court shall release the petitioner to home detention with electronic monitoring while the Department secures a placement for the petitioner in a nonsecure residential commitment program.

BY ORDER OF THE COURT:

LaROSE, C.J., and CASANUEVA and KHOUZAM, JJ., Concur.

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