State v. Smith, 2006 Ca 68 (6-15-2007)

OPINION

{¶ 1} Kyle J. Smith was convicted after a jury trial in the Greene County Court of Common Pleas of reckless homicide with a firearm specification. The court sentenced him to four years in prison for reckless homicide, to be served consecutively to a mandatory term of three years in prison for the firearm specification. Smith appeals from his conviction, arguing that the court should have given a jury instruction for negligent homicide and that his counsel rendered ineffective assistance. For the following reasons, Smith's conviction will be affirmed.

{¶ 2} According to the evidence…