State v. SmithAnnotate this Case
After a jury trial, Defendant was convicted of two counts of first degree sexual assault of a child and related crimes. Defendant was sentenced to forty-one to 110 years of imprisonment, thirty-five of those years being “hard” years. Defendant appealed both his convictions and sentences. The Supreme Court affirmed Defendant’s convictions and remanded the cause for resentencing, holding (1) the trial court did not err in admitting certain exhibits into evidence; (2) the trial court did not err in admitting testimony regarding Defendant’s photo albums; (3) the trial court did not err in allowing hearsay testimony as prior consistent statements; (4) there was sufficient evidence to support the convictions; (5) Defendant waived his right to assert the issue that the court erred in not declaring a mistrial due to prosecutorial misconduct; and (6) the trial court made a mistake in law in imposing Defendant’s sentences.