Smith v. State

SHARP, Judge.

Smith appeals his convictions and sentences for aggravated assault with a deadly weapon without intent to kill1 and possession of a firearm in the commission of a felony (specifically, the aggravated assault charge).2 He was sentenced to two concurrent three-year terms of imprisonment. We affirm the firearm conviction, reverse the aggravated assault conviction and sentence, and remand for resentencing on the firearm offense.

The record establishes that on April 5, 1987 Smith drove to a gas station and entered a store. After leaving the store, he walked up to the victim, pulled out…