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BERUBE v. STATE

No. 2D06-4151.

978 So.2d 893 (2008)

Steven Albert BERUBE, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Second District.

April 18, 2008.

Attorney(s) appearing for the Case

James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant.

Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee.

WALLACE, Judge.

Steven Albert Berube appeals an order denying his motion for postconviction relief. Because the postconviction court entered its order after Mr. Berube's motion seeking the disqualification of the judge assigned to the case was deemed granted, the postconviction court had no authority to rule on the motion. Accordingly, we reverse the order denying the postconviction motion and remand for further proceedings before a different judge.

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