Smith v. State

Phipps, Judge.

Gary Wayne Smith was convicted of child molestation and sexual battery. Claiming ineffective assistance of counsel, Smith asserts that his trial counsel violated the trial court’s ruling on Smith’s motion in limine and elicited prejudicial testimony from a child psychologist who testified for the state. Finding no merit in his claims of deficient performance, we affirm.

Viewed in the light most favorable to the jury’s verdict, the evidence showed that in July 2005, eight-year-old K. E. lived with her mother, her brother and Smith, her mother’s boyfriend. K. E. slept in the same…