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State v. Adams

12/20/1999

to the prejudice of the defendant." Harrington v. State, 385 S.W.2d 758, 759 (Tenn. 1965). Similarly, a request to recuse a judge is subject to the discretion of the trial judge, and the issue for us "is not the propriety of the judicial conduct of the trial judge, but whether he committed an error which resulted in an unjust disposition of the case." State v. Hurley, 876 S.W.2d 57, 64 (Tenn. 1993) (citations omitted). Although the Defendant asserts he was assured the "harsh sentence" of the maximum in the range for each count due to the case assignment, he has made no showing that he was treated unfairly by Judge Blackburn or that he was in some way denied a fair trial. As previously determined, the Defendant's sentences were proper considering the sentencing principles and the criminal conduct involved. Without some showing of prejudice to the Defendant, we have no cause to reverse the convictions. The record simply does not support a finding of improper conduct on the part of either the trial judge or the assistant district attorney.


Accordingly, the judgment of the trial court is affirmed.


DAVID H. WELLES, JUDGE


CONCUR:


JOHN H. PEAY, JUDGE


JOHN EVERETT WILLIAMS, JUDGE






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