State ex rel. Buchanan v. Foti 351 So. 2d 515

In re: David M. Buchanan applying for remedial writs.

Writ granted. Prerevocation hearing ordered forthwith. L.C.Cr.P. art. 899(E). It is further ordered that applicant be admitted to bail until the prerevocation hearing; thereafter he may be allowed bail within *516the court’s sound discretion. L.C.Cr.P. art. 899(C).

SANDERS, C. J., and MARCUS, J., dissent from the order insofar as it grants the relator bail.

SUMMERS, J.,

is of the opinion that applicant is in detention until the prerevocation hearing at which time a decision is to be made whether his detention shall continue. If the prerevocation hearing results in a ruling that his detention should continue, he is not entitled to bail. Otherwise he is released from detention without bail until final revocation hearing determines whether his probation shall be revoked or that he be continued on probation.