Opinion
No. 88-0412.
March 29, 1989.
Appeal from the Circuit Court for Broward County; Mel Grossman, Judge.
Mark Perlman of Perlman Perlow, P.A., Hallandale, for appellant.
Robert A. Butterworth, Atty. Gen., Tallahassee, and Alfonso M. Saldana, Asst. Atty. Gen., West Palm Beach, for appellee.
We reverse the order on motion to set aside sentence and to resentence, holding that appellant's motion for disqualification of trial judge should have been granted. Our holding renders moot the additional points on appeal posed by appellant. We therefore reverse and remand for another hearing on the motion to set aside appellant's sentence, to be conducted before a different trial judge.
REVERSED AND REMANDED.
HERSEY, C.J., and WALDEN and GARRETT, JJ., concur.