LIVINGSTON v. STATE

No. 59846.

441 So.2d 1083 (1983)

Connie Moore LIVINGSTON, Appellant, v. STATE of Florida, Appellee.

Supreme Court of Florida.

Rehearing Denied January 11, 1984.


Attorney(s) appearing for the Case

Melanie Ann Hines, Asst. Public Defender, Second Judicial Circuit, Tallahassee, for appellant.

Jim Smith, Atty. Gen., and Raymond L. Marky, Asst. Atty. Gen., Tallahassee, for appellee.


PER CURIAM.

The appellant, Connie Moore Livingston, appeals his conviction of first-degree murder and the imposition of the death sentence. We have jurisdiction. Art. V, § 3(b)(1), Fla. Const. We conclude that under the special circumstances of this case the trial judge should have disqualified himself from presiding in appellant's trial and, consequently, we must reverse appellant's conviction and sentence and remand this case for a new trial. It should be understood...

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