Opinion
Case No. SC08-1290.
March 5, 2009.
Lower Tribunal No(s). 91-12952.
Brett Bogle, a prisoner under sentence of death, has filed a Petition Seeking Review of a Non-Final Order in a Death Penalty Postconviction Proceeding and/or Petition for Writ of Prohibition. Bogle seeks review of an order of the trial court which denied his renewed motion to disqualify Judge Wayne S. Timmerman. Upon consideration we hereby deny Bogle's petition. Because neither Judge Timmerman nor his wife were material witnesses, the trial court did not abuse its discretion in denying Bogle's renewed motion to disqualify. See King v. State, 840 So. 2d 1047 (Fla. 2003) (holding that the standard of review on appeal of the denial of a motion to disqualify a successive judge is abuse of discretion).
It is so ordered.
QUINCE, C.J., and PARIENTE, LEWIS, CANADY, POLSTON, and LABARGA, JJ., concur.