WILBUR GAINES, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE
ANTOON, J.
A jury found Wilbur Gaines guilty of armed burglary, petit theft, possession of less than 20 grams of cannabis, and obstructing or opposing an officer without violence. Mr. Gaines appeals his sentences arguing that the trial court erroneously denied his motion to disqualify the trial judge. We affirm.
The trial court correctly determined that Mr. Gaines’ motion to disqualify the trial judge was legally insufficient. Rule 2.160(c), Florida Rules of Judicial Administration provides that motions to disqualify trial judges “shall be sworn to by the party by signing the motion under oath or by a separate affidavit.” Mr. Gaines’ failure to sign the motion rendered it insufficient.
AFFIRMED.
DAUKSCH and GOSHORN, JJ., concur.
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Scott v. State, 808 So. 2d 166 (Fla. 2002)…O, IF THE DEFENDANT FAILS TO RAISE THE ISSUE THAT HE WAS UNAWARE OF THE ILLICIT NATURE OF THE SUBSTANCE, IS HE NEVERTHELESS ENTITLED TO A CHICONE INSTRUCTION? CAN THE FAILURE TO GIVE THE REQUESTED INSTRUCTION BE HARMLESS ERROR? See Scott v. State, 722 So. 2d 256 (Fla. 5th DCA 1998). We have jurisdiction pursuant to article V, section 3(b)(4), Florida Constitution. For the reasons stated below, we answer questions one and three in the negative and question two in the affirmative. In answering these questions…
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Garcia v. State, 901 So. 2d 788 (Fla. 2005)…ott argued that because the burden was on the State to prove he knew the substance was cannabis even if he had not raised the issue at trial, the trial court erred in failing to give the instruction. The district court disagreed. See Scott v. State, 722 So. 2d 256 (Fla. 5th DCA 1998), quashed, 808 So. 2d 166 (Fla.2002). But on review, this Court agreed with Scott and held that the trial court’s denial of the requested instruction was reversible error. Scott, 808 So. 2d at 172. In the Scott decision, this Cou…
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Flavio Santisteban v. State, 72 So. 3d 187 (Fla. 4th DCA 2011)…sufficient was proper”). Thus, failure to support a motion for disqualification with the client’s sworn signature or an affidavit is a basis to deny the motion. Wal-Mart Stores, Inc. v. Carter, 768 So. 2d 21, 22 (Fla. 1st DCA 2000); Gaines v. State, 722 So. 2d 256, 256 (Fla. 5th DCA 1998). Here, the trial court properly denied appellant’s motion because the motion did not comply with the procedural requirements of rule 2.330. The motion for disqualification was not supported by appellant’s sworn signature, n…
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