State v. Smith

In these three criminal cases, consolidated for the purposes of appeal, defendant was convicted of the following sexual offenses: Rape I, Sodomy I, and Attempted Sexual Abuse II (case 91-930-CR); Attempted Sexual Abuse I and Sexual Abuse II (case 91-931-CR); and Attempted Sexual Abuse II and three counts of Sexual Abuse II (case 91-932-CR). He initially was sentenced consecutively on the Rape I and Sodomy I counts in 91-930-CR, but concurrently on the remaining misdemeanor counts in all three cases. On appeal, the state conceded that the trial court had made errors in several of the…