State v. Toles
Annotate this CaseDefendant pled guilty to carrying weapons, an aggravated misdemeanor. Defendant appealed, arguing that the sentencing judge should have sua sponte recused himself from the case based on his prior familiarity with Defendant. In the alternative, Defendant asserted that his counsel provided ineffective assistance for not requesting that the judge recuse himself. The court of appeals affirmed the judgment and sentence. The Supreme Court affirmed in part and vacated in part, holding (1) the court of appeals correctly found that the judge was not required to recuse himself; and (2) the record on appeal was inadequate to determine whether counsel was ineffective for failing to file a motion for recusal at the sentencing hearing.
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