Willard v. State

HARRIS, Judge.

Willard was charged with violating his probation after a previous conviction of aggravated battery with a deadly weapon. The judge found Willard guilty of the violation and in response to Willard’s attorney’s request for a bottom of the guidelines sentence stated:

Bottom guidelines is for people who agree to plead guilty and admit to what they did. Mr. Willard insisted on having a trial.

It goes almost without saying that a judge may not impose a greater sentence on a defendant because such defendant avails himself of his constitutional right to trial. See Gallucci v. State, 371…