Weible v. State

Full title: DAVID WEIBLE, Petitioner, v. STATE OF FLORIDA, Respondent

Court: District Court of Appeal of Florida, Fourth District

Date published: Jan 3, 2001

774 So. 2d 899 (Fla. Dist. Ct. App. 2001)

Opinion

Case No. 4D00-3578

Opinion filed January 3, 2001.

Petition for writ of prohibition to the Circuit Court for the Nineteenth Judicial Circuit, Indian River County; Joe A. Wild, Judge; L.T. Case No. 99-200CF.

Jonathan Jay Kirschner of Kirschner Garland, P.A., Fort Pierce, for petitioner.

Robert A. Butterworth, Attorney General, Tallahassee, and Claudine M. LaFrance, Assistant Attorney General, West Palm Beach, for respondent.

PER CURIAM.

Through a petition for writ of prohibition David Weible seeks review of an order denying his motion to disqualify Judge Wild from presiding over his resentencing hearing upon remand. Weible v. State, 761 So.2d 469 (Fla. 4th DCA 2000). We find no error in the denial as the motion was not timely filed. Asay v. State, 25 Fla. L. Weekly S 523 (Fla. June 29, 2000). The trial judge's actions and comments upon which the motion was based occurred during the sentencing hearing that was the subject of Weible, 761 So.2d at 469.

The petition for writ of prohibition is denied.

DELL, STONE and STEVENSON, JJ., concur.