Smith v. State

SULLIVAN, Judge.

Appellant Derek S. Smith was convicted of Robbery as a Class B felony under I.C. 35-42-5-1 (Burns Code Ed.1985) Smith presents three issues upon appeal:

1) Whether the trial court properly admitted the confession of Smith, a juvenile, in accordance with the juvenile waiver of rights provisions of I.C. 31-6-7-8;

2) Whether the trial court properly admitted a line-up photograph depicting Smith in prison clothing; and

3) Whether the trial court improperly considered defendant's use of an unloaded, malfunctioning gun to be an aggravating circumstance in sentencing.

We affirm.

On the…