Florida District Courts of Appeal, 2000

Perez v. State

Perez v. State
Florida District Courts of Appeal · Decided November 29, 2000 · Gersten, Green, Schwartz
771 So. 2d 1285; 2000 Fla. App. LEXIS 15437; 2000 WL 1745045 (Southern Reporter, Second Series)

Perez v. State

Opinion of the Court

PER CURIAM.

Upon the holding that the statements made by the trial judge provide a well founded fear that the defendant would not receive a unbiased subsequent hearing, we conclude that the motion to disqualify him was erroneously denied. See Gonzalez v. Goldstein, 633 So.2d 1183 (Fla. 4th DCA 1994); Michaud-Berger v. Hurley, 607 So.2d 441 (Fla. 4th DCA 1992), review denied, 614 So.2d 503 (Fla. 1993); Lamendola v. Grossman, 439 So.2d 960 (Fla. 3d DCA 1983). The application for a writ of prohibition precluding his further participation in the cause is granted.

Prohibition granted.

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