MORROW V. STATE

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NOT FINAL UNTIL TIME EXPIRES TO FILE REHEARING MOTION AND, IF FILED, DISPOSED OF. IN THE DISTRICT COURT OF APPEAL OF FLORIDA THIRD DISTRICT JANUARY TERM, A.D. 2003 TIMOTHY MORROW, ** Appellant, ** vs. ** CASE NO. 3D04-128 THE STATE OF FLORIDA, ** LOWER TRIBUNAL NO. 96-30265 Appellee. ** Opinion filed May 5, 2004. An Appeal under Fla.R.App.P. 9.141(b)(2) from the Circuit Court for Dade County, Victoria S. Sigler, Judge. Bennett H. Brummer, Public Defender and Roy A. Heimlich, Assistant Public Defender, for appellant. Charles J. Crist, Jr., Attorney General and Consuelo Maingot, Assistant Attorney General, for appellee. Before SCHWARTZ, C.J., and SHEVIN and WELLS, JJ. PER CURIAM. The order denying post-conviction relief from the appellant s sentence is reversed and the cause remanded for sentencing by another judge. Wilson v. State, 845 So. 2d 142 (Fla. 2003); Smith v. State, 842 So. 2d 1047 (Fla. 3d DCA 2003), and cases cited.

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