Yepes v. Tobin

Florida District Courts of Appeal
Yepes v. Tobin, 531 So. 2d 1067 (1988)
13 Fla. L. Weekly 2346; 1988 Fla. App. LEXIS 4591; 1988 WL 107028
Baskin, Nesbitt, Schwartz

Yepes v. Tobin

Opinion of the Court

PER CURIAM.

In accordance with our decision in Glos-son v. Solomon, 490 So.2d 94 (Fla. 3d DCA 1986), we hold that the trial judge’s announced policy of refusing to set bail in probation revocation proceedings, thereby refusing to exercise any discretion, violates section 948.06(1), Florida Statutes (1987). We direct the trial court to consider petitioner’s claim for release with or without bail pending final disposition of the probation violation charge.

MANDAMUS GRANTED.1

. We dispense with rehearing.

Reference

Full Case Name
Cesar YEPES v. Hon. David L. TOBIN, Judge of the Eleventh Judicial Circuit in and for Dade County, Florida
Cited By
1 case
Status
Published