GATES v. STATE

No. 2D00-2100.

784 So.2d 1235 (2001)

Nathaniel Dustin GATES, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 27, 2001.


Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Terrence E. Kehoe, Special Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and John M. Klawifkofsky, Assistant Attorney General, Tampa, for Appellee.


CASANUEVA, Acting Chief Judge.

Nathaniel Gates has appealed his conviction for second degree murder, contending that the trial court erred in failing to grant his motion for disqualification. We agree and grant his requested relief, a new trial.

During Mr. Gates's trial the judge became frustrated with what she perceived as incompetence on the part of one of the defense attorneys. On the first day of trial the judge vocalized her frustration by reprimanding...

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