Legal Opinion

Carson v. State

District Court of Appeal of Florida

Decided April 21, 2011No. 1D11-0123Published

1Per curiam

The appellant seeks review of an order denying a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the judge who entered the order denying the appellant’s rule 3.800(a) motion previously recused himself from the appellant’s trial court case, we reverse.

“Once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect.” Davis v. State, 849 So.2d 1137, 1138 (Fla. 1st DCA 2003); Bolt v. Smith, 594 So.2d 864, 864 (Fla. 5th DCA 1992). This bar includes rulings on subsequent…

2Cases cited3 opinions

  1. Bolt v. SmithDistrict Court of Appeal of Florida · 1992
  2. Davis v. StateDistrict Court of Appeal of Florida · 2003
  3. Meaweather v. StateDistrict Court of Appeal of Florida · 1999

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