Smith v. State

SELBY, Justice.

Appellant Joshua Smith entered a plea of guilty to murder and was convicted of that crime. The court sentenced Appellant to a term of sixty years, with fifty years to be executed, five years on supervised probation, and five years on unsupervised probation. In making its sentencing decision, the court relied upon one of two different but simultaneously existing murder sentencing statutes. Appellant raises two issues: (1) whether the trial court sentenced Appellant under the incorrect sentencing statute; (2) whether the sentence was manifestly unreasonable. We remand for a new…