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Collins v. State

The defendant did not show harm from the imposition of a sentence by a substitute judge after the judge who presided over his trial died prior to sentencing.

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After a jury trial, Jamal Collins was convicted of armed robbery, possession of a firearm during the commission of a crime and possession of an article with an altered identification mark. He appeals, challenging the sufficiency of the evidence, the failure to have him psychologically evaluated before trial, an alleged comment on his co-defendant’s right to remain silent, the imposition of sentence by a substitute judge, the judge’s failure to exercise discretion in imposing sentence and the trial court’s refusal to grant a new trial based on the admission of allegedly improper evidence. However, there is enough evidence to support the verdict, Collins failed to obtain a ruling as to an evaluation and acquiesced in trying the case without an evaluation, he was not prejudiced by the comment regarding the co-defendant, a substitute judge was necessitated by the death of the trial judge and Collins has shown no harm in the substitute judge imposing sentence, the sentencing judge properly exercised his discretion, and Collins has not specified any purportedly improper evidence and has thus abandoned any such claim of error. Accordingly, we affirm.

1. Sufficiency of the evidence.

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