Opinion
Case No. 5D16–4439
06-02-2017
Alvin T. ADDERLEY, Appellant, v. STATE of Florida, Appellee.
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.
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.
PER CURIAM.
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.
COHEN, C.J., SAWAYA and WALLIS, JJ., concur.