Gaines v. State, 722 So. 2d 256 (Fla. 5th DCA 1998). · Go Syfert
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Gaines v. State, 722 So. 2d 256 (Fla. 5th DCA 1998). Cases Citing This Book View Copy Cite
7 citation events (4 in the last 25 years) across 2 distinct courts.
Strongest positive: Santisteban v. State, 72 So. 3d 187 (Fla. 4th DCA 2011)
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At page 256 cited at this page1 citing case
  • Santisteban v. State, 72 So. 3d 187 (Fla. 4th DCA 2011).published
    Wal-Mart Stores, Inc. v. Carter, 768 So.2d 21, 22 (Fla. 1st DCA 2000); Gaines v. State, 722 So.2d 256, 256 (Fla. 5th DCA 1998).
Other citing cases1 with no pin cite or quoted language on record
Retrieving the full opinion text from the archive…
Wilbur GAINES, Appellant,
v.
STATE of Florida, Appellee.
98-190.
District Court of Appeal of Florida, Fifth District.
Dec 11, 1998.
Published opinion
722 So. 2d 256
1998 WL 852875
Antoon.
Cited by 3 opinions  |  Published

James B. Gibson, Public Defender, and Rebecca M. Becker, Assistant Public Defender, Daytona Beach, for Appellant.

Robert A. Butterworth, Attorney General, Tallahassee, and Belle B. Turner, Assistant Attorney General, Daytona Beach, for Appellee.

ANTOON, J.

A jury found Wilbur Gaines guilty of armed burglary, petit theft, possession of less than 20 grams of cannabis, and obstructing or opposing an officer without violence. Mr. Gaines appeals his sentences arguing that the trial court erroneously denied his motion to disqualify the trial judge. We affirm.

The trial court correctly determined that Mr. Gaines' motion to disqualify the trial judge was legally insufficient. Rule 2.160(c), Florida Rules of Judicial Administration provides that motions to disqualify trial judges "shall be sworn to by the party by signing the motion under oath or by a separate affidavit." Mr. Gaines' failure to sign the motion rendered it insufficient.

AFFIRMED.

DAUKSCH and GOSHORN, JJ., concur.