Ryan v. State

I join the majority in affirming without discussion the conviction. However, I dissent from the majority’s affirmance of the sentence. I believe we should vacate the sentence and remand to the trial court for resentencing before a different judge. Where it is reasonably evident that the trial court, in determining the appropriate sentence, considered at least in part a defendant’s lack of remorse (as opposed to a court’s determination that a defendant’s claim of remorse has not been established 1), the sentence should be vacated and a *15new sentencing proceeding held before a different judge.…