State v. Smith
Annotate this CaseAfter a jury trial, Defendant was convicted of two counts of aggravated indecent liberties with a child and two counts of indecent liberties with a child. The Supreme Court affirmed Defendant’s convictions but remanded on sentencing issues, holding (1) the district court did not err in admitting prior crimes evidence; (2) photographs of covers of DVDs and magazines found in Defendant’s house were improperly admitted into evidence, but the error was harmless; (3) the reasonable doubt instruction issued at Defendant’s trial was legally appropriate and not clearly erroneous; and (4) resentencing was required on Defendant’s sentence for one count of indecent liberties with a child, and Defendant was improperly sentenced to lifetime electronic monitoring and lifetime postrelease supervision.
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