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CANADY v. JOHNSON

No. 85-2006.

481 So.2d 983 (1986)

Michael CANADY, Petitioner, v. Honorable Judge Thomas JOHNSON, Circuit Court Judge, Fifteenth Judicial Circuit, Respondent.

District Court of Appeal of Florida, Fourth District.

January 22, 1986.

Attorney(s) appearing for the Case

William Lasley of Lasley & Winkler, West Palm Beach, for petitioner.

Jim Smith, Atty. Gen., Tallahassee, and Richard G. Bartmon, Asst. Atty. Gen., West Palm Beach, for respondent.

PER CURIAM.

Petitioner Michael Canady seeks a writ of prohibition prohibiting respondent, the Honorable Thomas Johnson, from presiding over petitioner's trial on charges of first degree murder and possession of marijuana.

Petitioner brought a motion to disqualify respondent pursuant to Rule 3.230, Florida Rules of Criminal Procedure. Rule 3.230(d) provides in pertinent part:

(d) The judge presiding shall...

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