McCOY v. STATE

No. 97-2156.

702 So.2d 252 (1997)

Joseph McCOY, Petitioner, v. The STATE of Florida and Gerald J. Klein, Dade County Court Judge, Respondents.

District Court of Appeal of Florida, Third District.

November 26, 1997.


Attorney(s) appearing for the Case

Bennett H. Brummer, Public Defender and John E. Morrison, Assistant Public Defender, for petitioner.

Robert A. Butterworth, Attorney General and Paulette R. Taylor and Mark Rosenblatt, Assistant Attorneys General, for respondents.

Before SCHWARTZ, C.J., and GERSTEN and SHEVIN, JJ.


SCHWARTZ, Chief Judge.

Even though this case has been mooted as to the particular petitioner, we resolve the issue raised by his application for mandamus under the familiar exception to the mootness rule which permits appellate determination when the question presented "is capable of repetition yet evading review." See 3 Fla.Jur.2d Appellate Review § 308 (1997). Upon that consideration, we hold, as both parties agree, that the failure of the judge who sets bail...

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