Smith v. State

RUCKER, Judge.

Dennis Smith appeals his conviction for battery, a Class A misdemeanor raising five issues for our review which we consolidate and rephrase as follows:

1. Was Smith denied effective assistance of counsel?

2. Did the prosecutor engage in prose-cutorial misconduct?

8. Did the trial court err in sentencing Smith?

We affirm in part and reverse in part.1

This is a case of domestic violence. The facts reveal in the evening hours of October 24, 1990, Smith and his wife Delores became engaged in a verbal altercation. The altercation escalated and Smith grabbed Delores by her neck and shook…