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531 So. 2d 1067

531 So.2d 1067

13 Fla.L.Weekly 2346

Yepes v. Tobin

District Court of Appeal of Florida

Decided October 17, 1988

District Court of Appeal of Florida · decided 1988-10-17

Relies on 490 So. 2d 94 - Glosson v. Solomon

Decided 1988-10-17

PER CURIAM.

¶1In 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.

¶2MANDAMUS GRANTED.1

¶3. We dispense with rehearing.

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