Smith v. State

PIVARNIK, Justice.

Appellant Leslie Allen Smith was charged in Putnam Circuit Court with escape, Ind.Code § 35-44-3-5 (Burns 1979 Repl.); attempted murder, §§ 35-41-5-1, 35-42-1-1; attempted kidnapping, §§ 35-42-3-2(aX3), 35-41-5-1; and kidnapping, § 35-42-3-2(a)(3). Smith was also charged with being a habitual criminal, § 35-50-2-8. After a trial by jury, Smith was found guilty as charged of escape, attempted murder, and attempted kidnapping. In lieu of the kidnapping charge, the jury found appellant guilty of confinement. In the sentencing phase, the jury found that Smith was a habitual…