State v. Smith

LISA WHITE HARDWICK, Chief Judge.

Robert Smith appeals his conviction by jury on five counts of first-degree statutory sodomy. Smith contends the circuit court erred in admitting evidence of his alcohol use and instructing the jury on voluntary intoxication. Smith also contends the evidence was insufficient to support his conviction on the statutory sodomy charges in Count I and Count IV. For reasons explained herein, we affirm in part and reverse in part.

Factual and ProCedural History

During the spring and summer of 2007, Smith lived in a home with his girlfriend, Katie, their one-year old…