DAVID L. RHODES, PETITIONER,
v.
STATE OF FLORIDA, RESPONDENT

Fla. 5th DCA | 1998-09-11
No. 98-2147
COBB, GOSHORN and PETERSON, JJ., concur.
717 So. 2d 144 Florida District Court of Appeal, Fifth District (1998)

Opinion of the Court
PER CURIAM.

PER CURIAM.

The trial court erred in not granting the petitioner’s motion to recuse. See Edwards v. State, 712 So. 2d 407 (Fla. 5th DCA 1998); Stephney v. State, 564 So. 2d 1246 (Fla. 3d DCA 1990). Accordingly, we grant the petition for writ of prohibition. Because we are confident that the trial judge will promptly comply with this court’s opinion, we withhold formal issuance of the writ.

WRIT GRANTED.

COBB, GOSHORN and PETERSON, JJ., concur.


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