Smith v. State

Golden, Justice.

In this consolidated appeal, Appellant Robert Smith contends serious inaccuracies and omissions in his presentence investigation report require a new sentencing hearing before a different sentencing judge. We hold that the sentencing judge exercised his discretion appropriately, and we affirm the sentence of the district court.

ISSUES

Smith’s separate appeals present the same single issue with which the State agrees:

Did the Trial Judge abuse his discretion by relying on improper information when sentencing the defendant?

FACTS

In separate criminal actions, Smith was charged with…