State v. Smith, 87937 (5-17-2007)

{¶ 1} In 1977, a jury convicted appellant Kenneth Smith ("Smith") of multiple counts of rape, kidnapping, aggravated robbery, and carrying a concealed weapon. He was sentenced to seven to twenty-five years in prison for rape, kidnapping, and aggravated robbery. He was also sentenced to three to ten years on the carrying a concealed weapon charges. All counts were ordered to be served consecutively. We reversed his convictions for kidnapping but affirmed the remainder of his convictions in State v. Smith (Aug. 16, 1979), Cuyahoga App. No. 38313.

{¶ 2} In 2004, Smith filed an application for DNA…