ANDERSON v. STATE

No. 91-01783.

595 So.2d 588 (1992)

Carl ANDERSON, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

March 27, 1992.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Timothy J. Ferreri, Asst. Public Defender, Bartow, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Erica M. Raffel, Asst. Atty. Gen., Tampa, for appellee.


LEHAN, Judge.

We reverse defendant's conviction for burglary of a dwelling with assault or battery with a dangerous weapon in violation of section 810.02(1) and (2), Florida Statutes (1991). After defense counsel had filed a motion for recusal of the trial judge, the trial judge, by denying the allegations of the motion, passed upon their truth.

While the allegations appear to have been legally sufficient, we need not decide that aspect, nor did the trial...

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