Smith v. State

KHOUZAM, Judge.

Arnold Smith appeals his sentence of three years in prison for driving while license revoked as a habitual traffic offender. Smith argues that the trial court committed fundamental error in considering his refusal to admit guilt, his protestations of innocence, and the truthfulness of his testimony as factors in sentencing. The State concedes that the trial court committed fundamental reversible error. We reverse and remand for resentencing before a different judge.

The record shows that a jury trial was held before Circuit Judge Anthony Riten-our on December 15, 2009. A police…