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Hernandez v. State

District Court of Appeal of Florida, Fourth District
May 9, 2001
784 So. 2d 551 (Fla. Dist. Ct. App. 2001)

Opinion

No. 4D01-1313.

Opinion filed May 9, 2001.

Petition for writ of prohibition to the Circuit Court for the Seventeenth Judicial Circuit, Broward County; Daniel True Andrews, Retired Judge; L.T. Case No. 98-19679 CF10A.

Prohibition Denied.

Kevin J. Kulik of Kevin J. Kulik, P.A., Fort Lauderdale, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Joseph A. Tringali, Assistant Attorney General, West Palm Beach, for respondent.


We deny Carlos Hernandez's petition for writ of prohibition seeking disqualification of the trial judge, without prejudice to petitioner seeking such remedy as may be appropriate upon disposition of any motion for post-trial release. We direct the trial court's attention to Florida Rule of Criminal Procedure 3.691(b), Younghans v. State, 90 So.2d 308 (Fla. 1956), and toHayes v. State, 686 So.2d 694 (Fla. 4th DCA), rev. dismissed, 691 So.2d 1081 (Fla. 1996), as well.

Dell, Gunther and Stone, JJ., Concur.


Summaries of

Hernandez v. State

District Court of Appeal of Florida, Fourth District
May 9, 2001
784 So. 2d 551 (Fla. Dist. Ct. App. 2001)
Case details for

Hernandez v. State

Case Details

Full title:CARLOS HERNANDEZ, Petitioner, v. STATE OF FLORIDA and KEN JENNE, Sheriff…

Court:District Court of Appeal of Florida, Fourth District

Date published: May 9, 2001

Citations

784 So. 2d 551 (Fla. Dist. Ct. App. 2001)