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Long v. State

The defendant's 10-year sentence for terroristic threats exceeded the statutory maximum of five years.

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David Long appeals from his convictions of false imprisonment, aggravated assault, terroristic threats, and simple battery.1 In this appeal, Long asserts the following: 1 the State presented insufficient evidence of venue, terroristic threats, and simple battery; 2 the trial court erred by admitting evidence concerning a similar transaction, a machete and crossbow, and hearsay; 3 the trial court erred by failing to grant a mistrial after a State’s witness testified that they found marijuana in the defendant’s home; 4 the trial court erred in its instructions on simple assault and aggravated assault; 5 the trial judge erred by failing to recuse; 6 he is entitled to a new trial because the trial judge communicated with the jury outside his presence; 7 he received ineffective assistance of counsel on numerous grounds; and 8 the trial court erred by sentencing Long beyond the statutory maximum. For the reasons explained below, we affirm Long’s convictions, but vacate his sentence for terroristic threats because it exceeded the statutory maximum of five years.

1. When reviewing the sufficiency of the evidence,

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