Opinion
Case No. 5D02-2629
Opinion filed November 15, 2002
3.800 Appeal from the Circuit Court for Hernando County, Jack Springstead, Judge.
William D. Haverty, Chipley, pro se.
Richard E. Doran, Attorney General, Tallahassee, and Rebecca Roark Wall, Assistant Attorney General, Daytona Beach, for Appellee.
In this appeal of an order denying Rule 3.800(a) relief, the State concedes that the trial judge did not have the authority to render the order being appealed, having previously recused himself from the apellant's underlying case. Therefore, we vacate the order denying appellant's motion to correct illegal sentence and remand the case to the trial court for reassignment. See Meaweather v. State, 732 So.2d 499 (Fla. 1st DCA 1999).
REVERSED AND REMANDED.
SHARP, W., HARRIS and GRIFFIN, JJ., concur.