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DUEST v. GOLDSTEIN

No. 95-0101.

654 So.2d 1004 (1995)

Lloyd DUEST, Petitioner, v. Hon. Barry E. GOLDSTEIN, Circuit Judge, Seventeenth Judicial Circuit, in and for Broward County, Florida, Respondent.

District Court of Appeal of Florida, Fourth District.

Rehearing/Clarification Denied June 16, 1995.

Attorney(s) appearing for the Case

Carlos M. Llorente, Plantation, and Martin McClain, Asst. CCR, Office of the Capital Collateral Representative, Tallahassee, for petitioner.

Robert A. Butterworth, Atty. Gen., Tallahassee, Celia A. Terenzio, Asst. Atty. Gen., West Palm Beach, for respondent.

WARNER, Judge.

Petitioner, the defendant in the criminal case below, seeks a writ of prohibition to disqualify the trial judge from presiding over his resentencing after reversal of his death sentence by the Florida Supreme Court. While he makes several statements regarding the judge in his affidavit supporting disqualification, we find one dispositive. The petitioner stated that the trial judge, a former assistant state attorney, assisted the state attorney who prosecuted...

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