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GONZALEZ v. GOLDSTEIN

No. 94-0088.

633 So.2d 1183 (1994)

Ricardo GONZALEZ, Petitioner, v. The Honorable Barry E. GOLDSTEIN, Circuit Court Judge, 17th Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

March 23, 1994.

Attorney(s) appearing for the Case

Alan H. Schreiber, Public Defender, Stacey J. Pastel, Asst. Public Defender, and Steven Michaelson, Chief Asst. Public Defender, Fort Lauderdale, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, and Melynda L. Melear, Asst. Atty. Gen., West Palm Beach, for respondent.

FARMER, Judge.

In Gonzalez v. State, 624 So.2d 300 (Fla. 4th DCA 1993), we reversed the sentence and remanded for resentencing within the guidelines. After our mandate was received by the trial judge, he told defense counsel in an authorized ex parte communication before the scheduled resentencing hearing that he would not listen to any evidence in mitigation of punishment and that he intended to resentence defendant to the...

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