Torres v. State

Appellant challenges his conviction for first-degree sexual battery. He raises four issues. We affirm the first and third issues without comment. In the second issue, he argues counsel was ineffective. We find that issue would be more properly raised pursuant to a motion for postconviction relief and, thus, affirm. In the fourth issue, he argues the trial court committed fundamental error by sentencing him based on constitutionally impermissible factors. We agree that the trial court’s comments could reasonably be construed to suggest that the trial court based appellant’s sentence, at least…