PATRICK CARSON, v. STATE OF FLORIDA

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IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA PATRICK CARSON, Appellant, v. NOT FINAL UNTIL TIME EXPIRES TO FILE MOTION FOR REHEARING AND DISPOSITION THEREOF IF FILED CASE NO. 1D11-0123 STATE OF FLORIDA, Appellee. _____________________________/ Opinion filed April 21, 2011. An appeal from the Circuit Court for Taylor County. James Roy Bean, Judge. Patrick Carson, pro se, Appellant. Pamela Jo Bondi, Attorney General, and Meredith Charbula, Assistant Attorney General, Tallahassee, for Appellee. PER CURIAM. The appellant seeks review of an order denying a motion to correct an illegal sentence filed pursuant to Florida Rule of Criminal Procedure 3.800(a). Because the judge who entered the order denying the appellant s rule 3.800(a) motion previously recused himself from the appellant s trial court case, we reverse. Once a trial judge recuses himself from a given case, any subsequent orders he enters in that case are void and have no effect. Davis v. State, 849 So. 2d 1137, 1138 (Fla. 1st DCA 2003); Bolt v. Smith, 594 So. 2d 864, 864 (Fla. 5th DCA 1992). This bar includes rulings on subsequent postconviction motions. Meaweather v. State, 732 So. 2d 499, 500 (Fla. 1st DCA 1999). Accordingly, this case is remanded with directions that the chief judge of the circuit court appoint a different judge to consider and rule on the appellant s rule 3.800(a) motion. REVERSED. WEBSTER, VAN NORTWICK and LEWIS, JJ., CONCUR. 2

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