LEWIS v. STATE

No. 87-652.

530 So.2d 449 (1988)

Leponyon Jacob LEWIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

August 31, 1988.


Attorney(s) appearing for the Case

Michael E. Allen, Public Defender, Carl S. McGinnes, Asst. Public Defender, Tallahassee, for appellant.

Robert A. Butterworth, Atty. Gen., Helen P. Nelson, Asst. Atty. Gen., Tallahassee, for appellee.


NIMMONS, Judge.

Lewis contends on appeal that the trial court erred in: (1) denying his motion for disqualification of the trial judge filed after the jury verdict but before sentencing; and (2) imposing sentence in excess of the guidelines range. We reverse on the disqualification issue and remand for resentencing before another judge. In view of our ruling on the first issue, we need not reach the guidelines departure issue.

Lewis was charged with two counts...

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