Smith v. State

Carley, Justice.

After a jury trial, Mark Steven Smith was found guilty of felony murder while in the commission of a robbery, robbery, and motor vehicle theft. Merging the robbery count into the felony murder count, the trial court sentenced Smith.to life imprisonment for the felony murder and to a consecutive term of 20 years for the motor vehicle theft. Smith’s motion for new trial was denied, and he appeals.

1. Construed most favorably for the State, the evidence shows that Smith and his co-defendant, Carlos Rutledge, accepted a ride from the victim, Keith Stapleton, who drove them to his…