Frey v. the State

Branch, Judge.

Cory Ray Frey appeals from his conviction of arson, criminal damage to a residence and a Jeep, and assault, as well as from the denial of his motion for new trial. Frey contends that the trial court improperly commented on the evidence, that the State failed to prove criminal damage to the Jeep, and that the court erred by sentencing him as a recidivist. For the reasons that follow, we reverse Frey’s conviction of criminal damage to the Jeep but affirm Frey’s remaining convictions.

On criminal appeal, appellant is no longer presumed innocent and all of the evidence is to be…