Yepes v. Tobin

District Court of Appeal of Florida

Yepes v. Tobin

531 So. 2d 1067, 13 Fla. L. Weekly 2346, 1988 Fla. App. LEXIS 4591, 1988 WL 107028

CourtDistrict Court of Appeal of Florida

DecidedOctober 17, 1988

DocketNo. 88-2469

StatusPublished

Cited by1 cases

This text of 531 So. 2d 1067 (Yepes v. Tobin) is published on Counsel Stack Legal Research, covering District Court of Appeal of Florida primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

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Yepes v. Tobin, 531 So. 2d 1067, 13 Fla. L. Weekly 2346, 1988 Fla. App. LEXIS 4591, 1988 WL 107028 (Fla. Ct. App. 1988).

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Opinion

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

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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

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531 So. 2d 1067, 13 Fla. L. Weekly 2346, 1988 Fla. App. LEXIS 4591, 1988 WL 107028, Counsel Stack Legal Research, https://law.counselstack.com/opinion/yepes-v-tobin-fladistctapp-1988.

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