Anderson v. State

LEHAN, Judge.

We reverse defendant’s conviction for burglary of a dwelling with assault or battery with a dangerous weapon in violation of section 810.02(1) and (2), Florida Statutes (1991). After defense counsel had filed a motion for recusal of the trial judge, the trial judge, by denying the allegations of the motion, passed upon their truth.

While the allegations appear to have been legally sufficient, we need not decide that aspect, nor did the trial court rule in that regard. As this court stated in Townsend v. State, 564 So.2d 594, 595 (Fla. 2d DCA 1990),

[wjhether a motion for…