Legal Opinion

Combs v. State

District Court of Appeal of Florida

Decided August 16, 2006No. 4D06-1955Published

1Per curiam

The defendant filed a petition for writ of prohibition seeking to vacate his conviction and sentence and prevent the county court judge from proceeding with post-conviction matters. We grant the petition in part for the reasons that follow.

Petitioner was convicted after a trial conducted by the county court judge who had been temporarily assigned to circuit court. Petitioner seeks vacation of his conviction and sentence and a new trial, claiming there was no order in effect assigning the county court judge to circuit court. We deny this request as it is beyond the scope of prohibition relief.…

2Cases cited4 opinions

  1. English v. McCrarySupreme Court of Florida · 1977
  2. Administrator, Retreat Hosp. v. JohnsonDistrict Court of Appeal of Florida · 1995
  3. Diaz v. StateDistrict Court of Appeal of Florida · 2004
  4. Jacobs v. StateDistrict Court of Appeal of Florida · 2006

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