Cc-affidavit In Support Of Motion To Recuse Judge Yerman

`IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT IN AND FOR CITRUS COUNTY FLORIDA

STATE OF FLORIDA Plaintiff/ Appellee

vs. THERESA M. MARTIN Defendant/Appellant

) ) ) ) ) ) ) ) ) )

CASE NO.: 2009-AP-2088 LOWER CT. NO: 08-CT-3440

AFFIDAVIT IN SUPPORT OF MOTION TO DISQUALIFY JUDGE YERMAN

BEFORE ME, the undersigned authority, personally appeared, THERESA M. MARTIN, who first being duly sworn and deposes says: I, Theresa M. Martin, am over the age of eighteen years old and a resident of Pasco County, Florida since 1999. 1.

I am doing this affidavit in order to swear under oath that my motion to

disqualify the Honorable Judge, Mark Yerman is as accurate as I can attest to without any hearing transcripts and everything contained in my Motion for Disqualification of Judge Mark Yerman is true and accurate to the best of my knowledge.

2.

I am the Appellant in this appeal, and I make this Affidavit based on personal

knowledge. 3.

I received the courts April 23, 2009 Order on my Motion to Withdraw my

Plea After Sentencing where I was unjustly accused by unverified allegations of frivolous motions, waste of judicial resources, an abuse of the process, and faced possible sanctions. Since the filing of my first posttrial motions and up to and including my last Motion for Stay Pending Appeal the lower court has incorrectly denied all of my motions in violation of Florida case law. The court in denying my motions I believe has violated several Canons of Florida’s Canons of Judicial Conduct. I can honestly say I have lost almost all confidence in the judiciary in this country based on this court’s actions and the Pasco Circuit Court of their outrageous conduct towards me in my court cases. 4.

If I didn’t file this motion, I feel I will lose my right to file this motion later.

It is required that a person file this motion as soon as possible when learning of any judicial prejudice or bias by a Florida Judge. 5.

I can unequivocally say that I firmly believe I cannot get a fair hearing or a

fair trial before the Honorable Judge, Mark Yerman. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a copy of my Affidavit in Support of my Motion to Disqualify Judge Mark Yerman will be sent by regular U. S. Mail to the Clerk of

County Court, 110 Apopka Avenue, Inverness, Florida 34450. And by regular U. S. Mail to Joshua Houston of the Citrus County Prosecutors office located at 110 N. Apopka Avenue, Inverness, Florida on this 27th Day of May 2009.

Respectfully submitted, _______________________ Theresa M. Martin 10918 Norwood Avenue Port Richey, Fl. 34668 Hm. ph. (727) 857-4193 [email protected]

I understand that I am swearing or affirming under oath to the truthfulness of the claims made in this affidavit and that the punishment for knowingly making a false statement includes fines and/or imprisonment.

STATE OF FLORIDA ) COUNTY OF PASCO )

Sworn to or affirmed and signed before me on 05/21/09 by ___________________

NOTARY PUBLIC (Seal)

Personally known Provided a Florida I.D. No: ___________________________