Smith v. State

GIVAN, Justice.

This is an appeal from the denial of post-conviction relief. A trifurcated jury trial proceeding held in 1983 resulted in the conviction of appellant of Murder and Felony Murder, a jury recommendation to impose the death penalty, and a finding of habitual offender status. The trial court correctly merged the convictions, entered judgment of conviction for Murder, and sentenced appellant to death. We affirmed the trial court on direct appeal. Smith v. State (1985), Ind., 475 N.E.2d 1139. Appellant subsequently filed his petition for post-conviction relief, which was heard in the…