DAVIS v. STATE

No. 1D02-3740.

849 So.2d 1137 (2003)

William David DAVIS, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 17, 2003.


Attorney(s) appearing for the Case

Appellant, pro se.

Charlie Crist, Attorney General and Elizabeth Fletcher Duffy, Assistant Attorney General, Office of the Attorney General, Tallahassee, for Appellee.


PER CURIAM.

The appellant, William Davis, appeals the denial of his rule 3.850 motion, which was based on alleged newly discovered evidence that defense counsel had failed to relay a plea offer to him. We reverse and remand the case due to a fatal procedural error on the rehearing motion; for this reason, we do not reach the merits of the appeal.

The motion was originally assigned to Judge Frederic Buttner, but Judge Buttner recused himself from the case by...

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