Opinion
No. 88-2469.
October 17, 1988.
A case of Original Jurisdiction — Mandamus.
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.
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 the probation violation charge.
We dispense with rehearing.