State v. Smathers

CROCKETT, Chief Justice:

Defendant Danny Wayne Smathers appeals from a jury conviction of aggravated sexual assault a first-degree felony. 1 He makes these claims of error: that the information was not sufficiently specific to inform him of the accusation against him; and that the charge of misconduct is proscribed by two different statutes with different penalties and that he should be entitled to be convicted and punished under the lesser of the two.

As is invariably true in such cases, the defendant’s version of what occurred is different in vital aspects from the State’s evidence. Where…