SMITH v. STATE

No. 1D10-3241.

76 So.3d 379 (2011)

Duane Lamar SMITH, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

December 30, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, Tallahassee; and Ira David Karmelin , Special Assistant Public Defender, West Palm Beach, for Appellant.

Pamela Jo Bondi , Attorney General; and Jennifer J. Moore , Assistant Attorney General, Tallahassee, for Appellee.


RAY, J.

Duane Lamar Smith (Appellant) challenges the judgment and sentence entered pursuant to the jury's verdict finding him guilty of felony battery, contending he is entitled to a new trial on two grounds. First, after Circuit Judge Wright allegedly orally indicated bias against Appellant immediately before jury selection, defense counsel did not move to disqualify the judge, and the same judge presided over voir dire, after which a successor judge conducted the...

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