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Berube v. State, Case No. 2D08-3580 (Fla. App. 4/23/2010) (Fla. App., 2010)

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STEVEN BERUBE, Appellant, v. STATE OF FLORIDA, Appellee. Case No. 2D08-3580. District Court of Appeal of Florida, Second District. Opinion filed April 23, 2010. Appeal from the Circuit Court for Pinellas County, Pamela A. M. Campbell, Judge. James Marion Moorman, Public Defender, and Alisa Smith, Assistant Public Defender, Bartow, for Appellant. Bill McCollum, Attorney General, Tallahassee, and Cerese Crawford Taylor, Assistant Attorney General, Tampa, for Appellee. NORTHCUTT, Judge. We previously reversed the denial of Steven Berube’s motion for postconviction relief and remanded for the matter to be considered anew by a different judge. On remand the motion was denied again, but Berube maintains that the successor judge erred by basing her ruling on a transcript of the evidentiary hearing Page 2 conducted by the previous judge...continue to full post

Full post as published by Florida Criminal Law Opinions on April 23, 2010 (boomark / email).