Resentencing by the Same Circuit Judge

In State v. Nunley, 923 S.W.2d 911, 918 (Mo. banc 1996), an issue presented was whether a resentencing judge from the same circuit as the original judge could "set aside his feelings for the original trial judge" and come to an independent sentencing determination. Similarly, in State v. Taylor, 929 S.W.2d at 220, the defendant argued that due to the collegial relationship between the resentencing judge and the original judge, the resentencing judge would want to "give the original judge a vote of confidence" by imposing the same sentence. In both Nunley and Taylor, this Court held that disqualification was not required absent evidence of a special relationship between the judges that might create an appearance of impropriety. Id.; Nunley, 923 S.W.2d at 918.