CHRISTOPHER v. STATE (2019)

The petitioner's petition for writ of prohibition is treated as a petition for writ of mandamus, which is granted to the extent delineated in this order.

Within 15 days of the date of this order, the petitioner may file his “defendant's motion to disqualify trial judge” (the same motion attached to his petition for writ of prohibition) with the clerk of the circuit court by whatever means is available to him at Hillsborough County Jail. See Fla. R. Jud. Admin. 2.525(d)(2). He must serve a copy of the motion on the State Attorney and the trial judge. See Fla. R. Jud. Admin. 2.516(a), (b)(1)(C), (2); 2.330(c). Provided that the petitioner satisfies the deadline defined in the present order, the date of filing of his motion for pjujposes of the deadline defined in rule 2.330(e) shall be May 15, 2019.

The trial court shall address the motion to disqualify in the due course of the court's business. The court may also note that the court is permitted to accept paper filings in open court. See Fla. R. Jud. Admin. 2.525(d)(6).

The stay of proceedings effected by this court's August 2, 2019, order shall be lifted upon the filing of the petitioner's “defendant's motion to disqualify trial judge” or on the date that falls 15 days from the date of the present order, whichever is earlier.

BY ORDER OF THE COURT:

KELLY, LUCAS, ROTHSTEIN-YOUAKIM, JJ., Concur.