In the Interest of S. M. v. McCormack

This is a habeas corpus proceeding in which the petitioner, S.M., a child, seeks discharge from the custody of the respondent, the Superintendent of the Broward Regional Detention Center.

On January 5, 1981, the State filed a petition for adjudication of delinquency, charging that S.M., on December 4, 1980, had committed a battery in violation of Section 784.03(1), Florida Statutes (1979). S.M. pleaded nolo contendere to the charge, and the circuit court deferred disposition and adjudication until March 4, 1981. At the March 4th hearing the court, among other things, withheld adjudication and…