Valdez v. State

Orlando Valdez challenges the denial of his motion for acquittal during a non-jury trial on a charge of trafficking in cocaine. We find there was sufficient evidence to sustain the conviction and affirm the judgment. We remand, however, due to error in the sentencing.

At the conclusion of the appellant’s bench trial, the court inquired about the maximum sentence and then, “for purposes of appeal,” sentenced the appellant to the maximum thirty years imprisonment with a three-year mandatory minimum. The court informed those present that if the conviction was affirmed on appeal, he would then…