Morrow v. State

Full title: TIMOTHY MORROW, Appellant, v. THE STATE OF FLORIDA, Appellee

Court: District Court of Appeal of Florida, Third District

Date published: May 5, 2004

871 So. 2d 1035 (Fla. Dist. Ct. App. 2004)

Opinion

Case No. 3D04-128.

Opinion filed May 5, 2004.

An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Victoria S. Sigler, Judge, Lower Tribunal No. 96-30265.

Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant.

Charles J. Crist, Jr., Attorney General and Consuelo Maingot, Assistant Attorney General, for appellee.

Before SCHWARTZ, C.J., and SHEVIN and WELLS, JJ.

PER CURIAM.

The order denying post-conviction relief from the appellant's sentence is reversed and the cause remanded for sentencing by another judge. Wilson v. State, 845 So.2d 142 (Fla. 2003); Smith v. State, 842 So.2d 1047 (Fla. 3d DCA 2003), and cases cited.

NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF.