State v. Warner

OPINION

FONES, Chief Justice.

We granted the State’s Rule 11 application to consider whether the Court of Criminal Appeals erred in setting aside the convictions of defendant for escape, armed robbery, aggravated kidnapping, assault with intent to commit murder in the first degree, and habitual criminal and ordering a new trial, because the trial judge refused to recuse himself. The motion to recuse filed by both defendant and the State, was based upon (1) the fact that the trial judge was the district attorney general when two of the underlying convictions charged in the habitual criminal…