KERSAINT v. State

Because the trial judge should have disqualified himself, we grant the petition for writ of prohibition.

Defendant-petitioner, Robenson Ker-saint, was charged with drug trafficking. The jury found the defendant guilty of the lesser included charge of possession of cocaine with intent to distribute.

For present purposes, we accept as true the facts stated in the sworn motion to disqualify. After the trial, the court ordered a presentence investigation (PSI) and then asked the State how the defendant scored for sentencing purposes. The State responded that defendant scored non-state prison…