B.E.O. v. State

DAUKSCH, Judge.

This matter is before the court upon a petition for habeas corpus or mandamus and, in effect, an amended petition for mandamus.

B.E.O. was put into detention for a delinquent act and adjudicated a delinquent. At a dispositional hearing the trial judge received from H.R.S. a pre-disposi-tional report which, in accordance with section 39.09(3)(e) Florida Statutes (1988 Supp.), provides a list of three options, in order of preference, of programs in which the child may be placed. The statute requires the judge to rank the options in the order preferred by the court. In this case…