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BERUBE v. STATE

No. 2D08-3580.

33 So.3d 102 (2010)

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

District Court of Appeal of Florida, Second District.

April 23, 2010.

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.

NORTHCUTT, Judge.

We previously reversed the denial of Steven Berube's motion for postconviction relief and remanded for the matter to be considered anew by a different judge. On remand the motion was denied again, but Berube maintains that the successor judge erred by basing her ruling on a transcript of the evidentiary hearing conducted by the previous judge. We agree and, accordingly, reverse and remand for further proceedings...

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