RUCKS v. STATE

No. 97-01027.

692 So.2d 976 (1997)

Robbyn RUCKS, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Second District.

April 30, 1997.


Attorney(s) appearing for the Case

Keith F. Roberts, Tampa, for Petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Jean-Jacques Darius, Assistant Attorney General, Tampa, for Respondent.


PER CURIAM.

Robbyn Rucks has petitioned this court for a writ of prohibition to prevent the respondent trial judge from presiding over further proceedings in her case. We hold that the motion and affidavit Rucks filed in the trial court to disqualify the sitting judge were facially sufficient, and that the court erroneously denied the motion. Accordingly, we grant the petition.

While on probation for dealing in stolen property, Rucks became embroiled in a...

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