Duckworth v. State

The defendant pleaded nolo contendere to a violation of probation charge. He was adjudicated guilty of two counts of burglary and one count of grand theft. He was sentenced to two concurrent terms of 30 months incarceration. On this appeal, he urges error upon the denial of his motion to disqualify the trial judge pursuant to Rule 3.230, Florida Rules of Criminal Procedure.

The defendant had previously appeared before the same judge upon an affidavit charging a violation of probation. The previous affidavit had been dismissed by the State because the victim had refused to testify out of fear.…