Smith v. State

OPINION

ROSS, Justice.

Berley Smith appeals from his conviction for indecency with a child. In a single, four-count indictment, the State alleged that on each of two separate occasions, Smith touched the victim’s genitals and caused the victim to touch his genitals. The victim was eight years old at the time. A jury convicted Smith on three of the four counts and assessed punishment at ninety-nine years’ confinement for each offense. The trial court ordered that the sentence for each offense run concurrently.

Smith first contends he received ineffective assistance of counsel. The standard for…