ALVIN ADDERLEY v. STATE OF FLORIDA (2017)

District Court of Appeal of Florida, Fifth District.

ALVIN T. ADDERLEY, Appellant, v. STATE OF FLORIDA, Appellee.

Case No. 5D16-4439

Decided: June 02, 2017

Alvin T. Adderley, Perry, pro se. Pamela Jo Bondi, Attorney General, Tallahassee, and Robin A. Compton and Andrea Totten, Assistant Attorney Generals, Daytona Beach, for Appellee.

Appellant, Alvin T. Adderley, appeals the trial court's order denying his Motion for Postconviction Relief filed pursuant to Florida Rule of Criminal Procedure 3.850. Appellant argues that the trial judge had previously disqualified himself from the underlying case and thus erred in ruling on Appellant's motion. We agree. Therefore, we vacate the order under review and remand this case to the trial court so a successor judge can rule on the motion. We note that the State concedes that the order under review “is void and a nullity.”

VACATED and REMANDED.

PER CURIAM.

COHEN, C.J., SAWAYA and WALLIS, JJ., concur.

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