Guerra v. State

ON MOTION FOR REHEARING AND CLARIFICATION

Gross, J.

We grant the state’s motion for rehearing or clarification and withdraw the opin*542ion issued February 8, 2017. We substitute the following.

We reverse appellant’s sentence of 45 years for solicitation to commit murder, armed home invasion robbery, and refusal to submit a DNA sample, because the trial judge erred in subjecting appellant to cross-examination during his allocution. We remand for resentencing before a different judge.

Appellant entered an open plea to the court. During the plea colloquy, the trial judge asked no questions concerning…