Bernard Montgomery v. State

150 So. 3d 1231, 2014 Fla. App. LEXIS 18844, 2014 WL 6460697

Opinion

PER CURIAM.

The defendant petitions for a writ of prohibition following the circuit judge’s denial of the defendant’s motion to disqualify the judge. Based on our review of the petition and motion, we issued an order to the state to show cause why we should not grant the petition. The state candidly has responded that it can find no such cause. We conclude the petition has merit and grant the petition. See Gore v. State, 96.4 So.2d 1257, 1268 (Fla.2007) (“The standard for determining the legal sufficiency of a motion to disqualify is whether the facts alleged, which must be assumed to be true, would cause the movant to have a well-founded fear that he or she will not receive a fair trial at the hands of that judge.”). The defendant’s cases shall be re-assigned to another circuit judge.

Petition granted.

TAYLOR, GERBER and FORST, JJ., concur.