Devin Tocco v. State of Florida, 373 So.3d 391 (5th DCA 2023)
Oct 27, 2023OUTCOME: The District Court of Appeal held that defendant had reasonable fear that he would not receive fair trial absent disqualification of judge.
Defendant, who was charged with driving while under the influence (DUI), had reasonable fear that he would not receive fair trial absent disqualification of assigned trial court judge, warranting relie ... f on writ of prohibition to disqualify judge, even if judge was attempting to clarify status of record in addressing petition at pretrial hearing, where judge attempted to participate in prohibition proceedings by directing assistant state attorney to supplement record in District Court of Appeal, instead of responding to petition as authorized by rule, which was unauthorized extra-record involvement following denial of defendant's motion to disqualify.
