Smith v. State

I agree with the conclusion that Smith’s convictions and sentences should be affirmed, but I disagree with the per curiam opinion’s reasoning on four points.

First, with respect to Smith’s challenge to the expert opinion testimony of Dr. Vega that ligature strangulation is highly associated with sexual battery, I conclude that the merits of Smith’s argument need not be addressed but that the argument should be rejected because it was unpre-served. On the merits, I disagree with the per curiam opinion’s conclusion that the trial court erred in admitting Dr. Vega’s testimony.

Pursuant to sections…