Are a Judge's Statements at Sentencing Grounds for Appeal

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Quoting Mr. Knowitall

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In terms of the so-called "trial tax", a judge cannot impose a greater sentence merely because a defendant exercised his or her constitutional right to go to trial. ?

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In the situstion I spoke of; from the judges mouth to my ears; he said that is exactly what he would do. Of course it would never be known if it did happen though as it would simply be another trial and as long as the penalty imposed was within the guidelines, it would be considered to be a proper sentencing.