Smith v. State

CRENSHAW, Judge.

Robert Smith appeals the sentence imposed on his conviction for felony battery. Because the trial court committed fundamental error when it departed from its neutral role during Smith’s sentencing, we reverse and remand for resentencing before a new judge. 1

A jury found Smith guilty of felony battery based on a prior battery conviction but acquitted him of several other charges all stemming from a physical altercation with the victim, his then-girlfriend. Smith scored nine points on his scoresheet, placing him in the range for a mandatory nonstate prison sanction unless the…