Johnathan Kenneth Ray Davis v. State

Davis appeals his convictions and sentence for three counts of attempted first degree murder with a firearm. We affirm his convictions without discussion, but vacate his sentence and remand for resen-tencing before a different judge because the trial court improperly considered Davis’s lack of remorse in sentencing him.

At the sentencing hearing, the State asked the court to sentence Davis to the lowest permissible sentence, a twenty-five year mandatory minimum to run concurrently on all cases. However, at the conclusion of the hearing, the trial court stated:

THE COURT: I heard the evidence…