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YEPES v. TOBIN

No. 88-2469.

531 So.2d 1067 (1988)

Cesar YEPES, Petitioner, v. Hon. David L. TOBIN, Judge of the Eleventh Judicial Circuit in and for Dade County, Florida, Respondent.

District Court of Appeal of Florida, Third District.

October 17, 1988.

Attorney(s) appearing for the Case

Irwin G. Lichter, Miami, for petitioner.

Robert A. Butterworth, Atty. Gen., and Fariba N. Komeily, Asst. Atty. Gen., for respondent.

Before SCHWARTZ, C.J., and NESBITT and BASKIN, JJ.

PER CURIAM.

In accordance with our decision in Glosson 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...

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