State v. Yarborough

EAGLES, Judge.

Defendant assigns as error the trial judge’s inquiry as to the numerical division of the jury, his reinstruction as to the elements of the offense, his response to a question that instructed the jury to lay down its own rules as to the weight to give unrebutted testimony of a witness, and the imposition of a sentence that was more than twice the presumptive sentence. We find no reversible error in any of the trial judge’s questions and instructions to the jury, but we remand for a new sentencing hearing because of error committed in the sentencing phase.

Defendant urges that it…