Smith v. State

OPINION

KIRSCH, Judge.

Appellant-Defendant, Jermaine L. Smith, appeals his conviction of theft, 1 a Class D felony, for using a “cloned” cellular telephone reprogrammed to have an internal electronic serial number (“ESN”) different than its external ESN. Put in the vernacular, Smith was convicted of using an illegal cellular phone which had been modified such that, when in use, the charges would be billed to someone else’s active cellular phone number. Smith raises the following restated issue 2 for our consideration:

Whether the evidence gained by state troopers’ field-test of the cellular…