939 So. 2d 261

Donald Craig GORE, Petitioner, v. STATE of Florida, Respondent.

No. 1D05-5797.

District Court of Appeal of Florida, First District.

Oct. 18, 2006.

Donald Craig Gore, pro se, Petitioner.

Charlie Crist, Attorney General, and Man R. Dakan, Assistant Attorney General, Tallahassee, for Respondent.

*262PER CURIAM.

Inasmuch as the trial judge failed to rule on petitioner’s motion for disqualification within the 30 day period established by Florida Rule of Judicial Administration 2.160(j), we grant the petition for writ of prohibition. The order denying petitioner’s motion for postconviction relief, which was rendered after the filing of the motion for disqualification, is hereby vacated. See Fuster-Escalona v. Wisotsky, 781 So.2d 1063 (Fla.2000). On remand, a new judge shall be assigned, with directions to consider the motion for postconviction relief de novo.

KAHN, BENTON, and LEWIS, JJ., concur.

Gore v. State
939 So. 2d 261

Case Details

Name
Gore v. State
Decision Date
Oct 18, 2006
Citations

939 So. 2d 261

Jurisdiction
Florida

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