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ELLIOTT v. STATE

No. 5D10-3195.

51 So.3d 1255 (2011)

Mark ELLIOTT, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, Fifth District.

January 21, 2011.

Attorney(s) appearing for the Case

Mark Elliott , Bristol, pro se.

Pamela Jo Bondi , Attorney General, Tallahassee, and Anthony J. Golden , Assistant Attorney General, Daytona Beach, for Appellee.

PER CURIAM.

Mark Elliott timely appeals an order summarily denying his Florida Rule of Criminal Procedure 3.850 motion for post-conviction relief and a second order denying his motion for rehearing. We reverse because the original denial order was entered by a judge who had previously entered an order recusing himself from Elliott's case. See, e.g., Collado v. Collado, 858 So.2d 1255 (Fla. 5th DCA 2003). Although a successor...

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