Sammie Smith v. State of Mississippi

FAIR, J.,

for the Court:

¶ 1. On September 25, 2012, Sammie Smith was indicted for burglary of a dwelling. The indictment alleged he broke and entered a dwelling with intent to commit larceny. Smith was found guilty and sentenced to serve ten years in the custody of the Mississippi Department of Corrections, followed by five years of post-release supervision. Smith’s motion for a new trial was denied.

¶ 2. The Office of State Public Defender filed a brief on behalf of Smith, arguing that: (1) the court erred in denying Smith’s proposed jury instructions for a lesser nonincluded offense; and (2)…