JOE ANTHONY WALLACE, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
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POLEN, Judge.
Wallace appeals from the lower court’s judgment entered after he was convicted of one count of burglary, one count of attempted armed burglary, two counts of armed burglary, and three counts of attempted first degree murder. Appellant challenges, inter alia, the denial of his motion to disqualify the trial - court judge, as the judge had represented the appellant approximately twelve years earlier on a similar criminal charge. We find the motion to disqualify was legally sufficient, and should have been granted. State ex rel. Aguiar v. Chappell, 344 So. 2d 925 (Fla. 3d DCA 1977). Appellant’s other two points oh appeal are without merit.
Accordingly we reverse and remand with directions for a new trial before a different judge.
REVERSED AND REMANDED.
LETTS and WARNER, JJ., concur.
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Citator
Cited By
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Wallace v. State, 609 So. 2d 64 (Fla. 4th DCA 1992)…ffirm appellant’s convictions and sentences with the exception that the sentence for Count I, burglary, is vacated and remanded for resentencing. Wallace’s previous burglary conviction was overturned and remanded for a new trial. Wallace v. State, 575 So. 2d 670 (Fla. 4th DCA1991). At the conclusion of his prior trial, Wallace was sentenced to fifteen years in prison. Upon retrial, a sentence of thirty years was imposed. This increase was not justified by an explanation by the trial judge or an intervening…
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Dep't OF Prof'l Reg. v. Melvin S. Wise, M.D., 575 So. 2d 713 (Fla. 1st DCA 1991)…circumstances presented. The rule is reasonably free from doubt that an appellant’s failure to seek an extraordinary remedy does not foreclose such party from later raising the issue in an appeal from a final order or'judgment. See Wallace v. State, 575 So. 2d 670 (Fla. 4th DCA 1991); Junger Util. & Paving Co. v. Myers, 14 F.L.W. 2650 (Fla. 1st DCA Nov. 15, 1989), motion for reh’g filed, No. 88-1674 (Fla. 1st DCA Nov. 30, 1989). Although I consider that the board had the power to remand, I do not agree with…
Authorities Cited
- State of Fla. ex rel. Felix Aguiar, Jr. v. The Honorable Bill G. Chappell, 344 So. 2d 925 (Fla. 3d DCA 1977)