Smith v. Commonwealth
Annotate this CaseAppellant Robert Smith was convicted of first-degree robbery and of being a first-degree persistent felony offender and was sentenced to thirty-two years' imprisonment. The Supreme Court (1) affirmed Smith's conviction and sentence, holding that the first-degree robbery instruction violated the unanimous verdict requirement by including a theory not supported by the evidence, but because there was no possibility that any juror voted to convict Smith under the unsupported theory the error was harmless; and (2) vacated a surplus provision included in the judgment that stated, "Defendant's court costs and fines are credit time served," as the statement had no readily determinable meaning and served no purpose. Remanded for entry of a new judgment excluding the provision.
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