State v. Smith

OPINION OF THE COURT BY

NAKAMURA, J.

Claiming a denial of his constitutional right to the effective assistance of counsel at trial, Michael Smith appeals from a judgment of conviction of Attempted Sodomy in the Second Degree entered by the Circuit Court of the Third Circuit. 1 Because we are convinced from a review of the record that the performance of defense counsel was not within the range of competence expected of lawyers in criminal cases, we vacate the judgment and remand the case for retrial.

I

The defendant was charged with attempting to engage in deviate sexual conduct with a person…