YISRAEL v. STATE

No. 1D10-3029.

65 So.3d 1177 (2011)

Yeshuwa YISRAEL, Appellant, v. STATE of Florida, Appellee.

District Court of Appeal of Florida, First District.

July 22, 2011.


Attorney(s) appearing for the Case

Nancy A. Daniels , Public Defender, and Glen P. Gifford , Assistant Public Defender, Tallahassee, for Appellant.

Pamela Jo Bondi , Attorney General, and Magaly Rodriguez , Assistant Attorney General, Tallahassee, for Appellee.


PER CURIAM.

Yeshuwa Yisrael seeks review of his sentence for familial or custodial sexual battery. We vacate the 30-year sentence and remand for sentencing before a different judge because the trial court's remarks before pronouncing the sentence are reasonably construed as impermissible comments on charges for which Yisrael has not been tried, amounting to a denial of due process and fundamental error.

Fundamental error occurs where a trial court considers...

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