A.H. v. STATE, 909 So.2d 411 (Fla.App. 5 Dist. 2005)


A.H., a Child, Appellant, v. STATE of Florida, Appellee.

No. 5D04-3361.District Court of Appeal of Florida, Fifth District.
August 19, 2005.

Appeal from the Circuit Court for Brevard County, Meryl Allawas, Judge.

James S. Purdy, Public Defender, and Rose M. Levering, Assistant Public Defender, Daytona Beach, for Appellant.

Charles J. Crist, Jr., Attorney General, Tallahassee, and Lamya A. Henry, Assistant Attorney General, Daytona Beach, for Appellee.

ORFINGER, J.

A.H. appeals a disposition order entered after he admitted violating his probation. He contends that his plea was involuntary, although he admits never having sought to withdraw it. The proper method for a juvenile to challenge the voluntariness of his plea is by petition for writ of habeas corpus in the circuit court. See J.M.B. v. State, 750 So.2d 654, 654-55 (Fla. 2d DCA 1999); In Interest of W.B., 428 So.2d 309, 312 (Fla. 4th DCA 1983). Accordingly, we affirm without prejudice to A.H.’s filing such a petition, if he desires. We find no merit in the other issue A.H. raised.

AFFIRMED.

PLEUS, C.J. and MONACO, J., concur.

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