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AURIGEMMA v. STATE

No. 4D07-1360.

964 So.2d 224 (2007)

Peter J. AURIGEMMA, Petitioner, v. STATE of Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

August 29, 2007.

Attorney(s) appearing for the Case

Marcia J. Silvers of Marcia J. Silvers, P.A., Miami, for petitioner.

Bill McCollum, Attorney General, Tallahassee, and Myra J. Fried, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Peter J. Aurigemma seeks review of an order that denied his motion to disqualify the trial judge from presiding over his upcoming rule 3.850 evidentiary hearing. We grant the petition.

Pending below is Aurigemma's motion filed pursuant to Florida Rule of Criminal Procedure 3.850 wherein he alleges ineffective assistance of trial counsel. The motion to disqualify is based on Aurigemma's allegation that his trial counsel has hired the trial judge...

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