Smith v. State

Jack Holt, Jr., Chief Justice.

The appellant, Don Paul Smith, was convicted on February 27, 1989, of rape, burglary, and theft of property. Smith was sentenced under the habitual offender code provisions, Ark. Code Ann. § 5-4-501 (1987), and received sixty years for rape, twenty years for burglary, and twenty years for theft of property. Both of the twenty year sentences are to run concurrently with the sixty year sentence, and the sixty year sentence is to run consecutively with a prior ten year sentence. On appeal, Smith contends that the trial court erred on five points.

The victim, a 56…