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756 So. 2d 1100

Docket No. 4D99-1779.

Stokes v. State

Merle J. STOKES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida · decided 2000-05-03

Cited by 3 later decisions — most recently July 2003

3 state decisions

Relies on Green v. State · 341 So. 2d 196 - Rogers v. State · Meaweather v. State

Good law ✅— No negative treatment on recordhow we know

Decided 2000-05-03

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¶1Merle J. Stokes, Arcadia, pro se.

¶2Robert A. Butterworth, Attorney General, Tallahassee, and Robert R. Wheeler, Assistant Attorney General, West Palm Beach, for appellee.

¶3PER CURIAM.

¶4We reverse the order that denied Merle Stokes' petition for writ of habeas corpus. After that order was entered, it was brought to the judge's attention that he had previously disqualified himself from the case, but that there was no written order to that effect in the file. The judge then entered a written order disqualifying himself from the case nunc pro tunc to the date of the oral ruling.

¶5The order denying the petition must be reversed because it was entered by a disqualified judge. Meaweather v. State,732 So.2d 499 (Fla. 1st DCA 1999); Rogers v. State,341 So.2d 196 (Fla. 4th DCA 1976), cert. denied,348 So.2d 953 (Fla.1977). On remand, the chief judge of the circuit shall appoint a different judge to consider and rule upon Appellant's motion.

¶6REVERSED AND REMANDED.

¶7STONE, KLEIN, and TAYLOR, JJ., concur.

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