State v. Cannon

Judge JOHNSON

concurs in part; dissents in part.

I respectfully dissent as to the majority’s affirmance of the sentence imposed on defendant Cannon and concur as to the remainder of the opinion. I believe defendant Cannon is entitled to a new sentencing hearing because the trial judge decided before trial the sentence he should receive.

*256Prior to the start of trial, the trial judge called both defense attorneys and the prosecutor to the bench. Upon learning that defendants had rejected a plea bargain offer and intended to go to trial, the judge said to the defense attorneys in the most vehement…