Iannucci v. State

SHARP, Judge.

Iannucci appeals his judgment and sentence for the offense of robbery.1 He argues that a comment by the trial judge prejudiced the jury and that the sentence improperly required hard labor and did not allow him credit for time previously served. We affirm the judgment but remand for resentencing.

Iannucci asserts that he was substantially prejudiced when the trial judge rebuked defense counsel during final arguments.2 However, defense counsel did not object to the judge’s comment at trial and therefore, unless the comment was so prejudicial as to constitute fundamental error,…