MITCHELL v. STATE

No. 93-2984.

642 So.2d 1108 (1994)

Brian Douglas MITCHELL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

Clarification Denied October 19, 1994.


Attorney(s) appearing for the Case

Patrick C. Rastatter of Glass & Rastatter, P.A., Fort Lauderdale, for appellant.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Michelle A. Konig, Asst. Atty. Gen., West Palm Beach, for appellee.


FARMER, Judge.

We reverse an order finding a violation of community control and consequent sentence because the trial judge erred in denying defendant's motion to disqualify him.

Defendant had previously been sentenced to 2 years of community control followed by 3 years probation, after waiving his right to be treated as a juvenile and pleading guilty to armed robbery and leaving the scene of an accident. A condition of his sentence was that he spend 6 weeks...

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