TYLER v. STATE

No. 4D01-2268.

816 So.2d 755 (2002)

Timothy TYLER, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fourth District.

May 8, 2002.


Attorney(s) appearing for the Case

Carey Haughwout, Public Defender, and Jeffrey Anderson and Samuel A. Walker, Assistant Public Defenders, West Palm Beach, for appellant.

Robert A. Butterworth, Attorney General, Tallahassee, Michael J. Neimand, Assistant Attorney General, and Marni A. Bryson, Legal Intern, Fort Lauderdale, for appellee.


STONE, J.

We reverse Tyler's sentence and remand for re-sentencing by a successor judge.

Tyler was convicted on one count of possession of cocaine. At the sentencing hearing, defense counsel made an oral motion to recuse based on comments that the trial court judge made in an online news article. In the article, the judge was quoted as saying, "[m]y feeling is, if I'm going to sentence someone to state prison or county jail it should always be followed by...

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