Walek v. State

SILBERMAN, Judge.

Tomasz Walek seeks review of his judgment and sentence for assault with a deadly weapon and criminal mischief. We affirm Walek’s convictions without discussion. But we reverse and remand for resentencing because the trial court improperly considered Walek’s decision to exercise his right to a trial by jury in imposing sentence.

The charges in this case arose from an incident in which Walek threatened an SUV full of high school baseball players with an ax based on his asserted belief that they had thrown a brick at his front door. Walek smashed the driver’s side window then…