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CAGLE v. STATE

No. 2D00-1403.

821 So.2d 443 (2002)

Frederick CAGLE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

July 19, 2002.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and John C. Fisher, Assistant Public Defender, Bartow, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Ronald Napolitano, Assistant Attorney General, Tampa, for Appellee.

WHATLEY, Judge.

Frederick Cagle appeals the order revoking his probation. He raises several issues, but we need only address his contention, with which the State and we agree, that he was deprived of due process by the trial court's failure to act as a neutral and detached magistrate.

At the revocation of probation hearing, defense counsel announced that Cagle was going to enter an open plea to one of the several allegations of violation of probation. After...

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