From Casetext: Smarter Legal Research

Drost v. State

District Court of Appeal of Florida, Fifth District
Jan 21, 2011
51 So. 3d 1255 (Fla. Dist. Ct. App. 2011)

Opinion

No. 5D10-2604.

January 21, 2011.

3.850 Appeal from the Circuit Court for Marion County, Hale R. Standi, Judge.

Nicholas L. Drost, Raiford, pro se.

No Appearance for Appellee.


Nicholas Drost appeals the trial court's order summarily denying his motion for post-conviction relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Because the order was entered by a judge who had previously recused himself from the probation revocation proceeding which was the subject of Drost's rule 3.850 motion, said order is void. See Goolsby v. State, 914 So.2d 494 (Fla. 5th DCA 2005). Following the procedure utilized in Goolsby, we deem Drost's notice of appeal as being a petition for writ of mandamus, grant the petition, and remand this matter to the trial court with directions that the post-conviction motion be considered de novo by a different judge.

PETITION GRANTED; CAUSE REMANDED.

GRIFFIN, PALMER and ORFINGER, JJ., concur.


Summaries of

Drost v. State

District Court of Appeal of Florida, Fifth District
Jan 21, 2011
51 So. 3d 1255 (Fla. Dist. Ct. App. 2011)
Case details for

Drost v. State

Case Details

Full title:Nicholas DROST, Appellant, v. STATE of Florida, Appellee

Court:District Court of Appeal of Florida, Fifth District

Date published: Jan 21, 2011

Citations

51 So. 3d 1255 (Fla. Dist. Ct. App. 2011)