Small v. State

Phipps, Judge.

Herbert Small was convicted of numerous offenses and was given a mandatory sentence of life imprisonment, without parole. He claims that the trial court erred by conducting a sentencing discussion outside his presence. We find no merit in Small’s claim and therefore affirm.

During jury deliberations, the trial court and counsel engaged in a discussion when Small was absent from the courtroom. The discussion involved whether a mandatory sentencing provision would be applicable if Small was found guilty. Small claims that he had the right to be present during that discussion…