Walden v. State

The issues presented for our consideration are whether the trial court committed fundamental error by answering a juror’s question in a manner which could have been interpreted as a comment on the evidence and by taking into consideration appellant’s perjury during trial in sentencing appellant. Appellant raises two other issues that we find without merit. However, we find the first two issues to be fundamental error, and as such, we reverse and remand.

Appellant was charged with burglary of a structure while armed, aggravated assault with a deadly weapon, false imprisonment, and grand theft…