Ratley v. State
Ratley v. State
Opinion of the Court
Michael Ratley appeals the trial court's order denying his Motion for DNA Testing filed pursuant to Florida Rule of Criminal Procedure 3.853. Appellant argues that the trial judge had previously disqualified himself from the underlying case and thus erred in ruling on Appellant's motion. We agree. Therefore, we vacate the order under review and remand this case to the trial court so a successor judge can rule on the motion. See Davis v. State,
VACATED and REMANDED .
Ray, C.J., and B.L. Thomas and Winokur, JJ., concur.
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