State v. Brooks

FLANIGAN, Chief Judge.

A jury found defendant guilty of common assault and he received a sentence of 30 days in jail and a $50 fine. Defendant appeals.

Defendant’s sole “point relied on” is that the trial court erred in failing to enter an order disqualifying himself to try the case. Defendant claims that the order of disqualification should have been entered because defendant had taken the steps necessary under the provisions of Rule 30.121 to disqualify the judge.

The record reflects that the defendant filed two affidavits in an effort to invoke Rule 30.12. The first affidavit was filed on…