RONNIE VAN FRIPP, APPELLANT,
v.
STATE OF FLORIDA, APPELLEE

Fla. 4th DCA | 1982-04-14
No. 81-660
LETTS, C. J., and DOWNEY and HURLEY, JJ., concur.
412 So. 2d 915 Florida District Court of Appeal, Fourth District (1982) Positive Treatment
Cited by 4 cases
Topics
Disqualification Of Judge Abuse Of Discretion (Standard Of Review) Abuse Of Discretion Standard Of Review

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Opinion of the Court
PER CURIAM.

PER CURIAM.

We affirm the order revoking defendant’s probation together with the trial court’s decision not to disqualify itself after the defendant had suggested that the trial judge was a material witness. The two affidavits which accompanied defendant’s motion for disqualification failed to demonstrate conclusively that the trial judge possessed relevant information “going to some fact affecting the merits of the cause and about which no other witness might testify.” Wingate v. Mach, 117 Fla. 104, 157 So. 421, 422 (1934). See also State ex rel. Slora v. Wessel, 403 So. 2d 496 (Fla. 4th DCA 1981) (Hurley, J., concurring specially).

In addition, we find no abuse of discretion in the trial court’s denial of defendant’s motion to set aside his plea and conviction. Accordingly, both orders are AFFIRMED.

LETTS, C. J., and DOWNEY and HURLEY, JJ., concur.

Cases With Similar Vibessemantic neighbors from the corpus

Citator

Cited By

  • Livingston v. State, 441 So. 2d 1083 (Fla. 1983)
    …03 So. 2d 355 (Fla.1981), cert. denied, 455 U.S. 983, 102 S.Ct. 1492, 71 L.Ed.2d 694 (1982); Mikenas v. State, 367 So. 2d 606 (Fla.1978); Dempsey v. State, 415 So. 2d 1351 (Fla. 1st DCA), review denied, 424 So. 2d 761 (Fla.1982); Van Fripp v. State, 412 So. 2d 915 (Fla. 4th DCA 1982); Yesbick v. State, 408 So. 2d 1083 (Fla. 4th DCA), review dismissed, 417 So. 2d 331 (Fla.1982). I therefore conclude that by failing to seek appellate court prohibition of the judge’s presiding over his trial, appellant has waiv…
  • Rodriguez v. State, 919 So. 2d 1252 (Fla. 2005)
    …bout which no other witness might testify.” Wingate v. Mach, 117 Fla. 104, 157 So. 421, 422 (1934) (defining “material witness” as contemplated by chapter 16053, Laws of Florida (1933), the predecessor to section 38.02); see also Van Fripp v. State, 412 So. 2d 915, 915 (Fla. 4th DCA 1982) (concluding that the trial judge did not err in denying the defendant’s motion to disqualify where the defendant failed to “demonstrate conclusively that the trial judge possessed relevant information ‘going to some fact aff…

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