Marc Chantele Williams v. State of Florida

Appellant seeks review of his conviction and sentence for possession of cocaine with the intent to sell. We affirm Appellant’s conviction without further comment, but because we agree with Appellant that the trial court fundamentally erred when it based his sentence on unsubstantiated allegations of misconduct, we reverse Appellant’s sentence and remand for resentenc-ing before a different judge.

Appellant was convicted after a jury tidal of possession of cocaine with the intent to sell, a second-degree felony punishable by up to 15 years in prison. His score-sheet reflected a lowest…