Alvin T. Adderley v. State

• Court: District Court of Appeal of Florida
• Decided: May 29, 2017
• Docket: 5D16-4439
• Status: Published

Opinion

IN THE DISTRICT COURT OF APPEAL OF THE STATE OF FLORIDA FIFTH DISTRICT

NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED

ALVIN T. ADDERLEY,

Appellant,

v. Case No. 5D16-4439

STATE OF FLORIDA,

Appellee. ________________________________/

Opinion filed June 2, 2017

3.850 Appeal from the Circuit Court for Brevard County, James H. Earp, Judge.

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.