Smith v. State

OPINION

CORNELIUS, Chief Justice.

Eapthem Smith appeals from his conviction in a jury trial for aggravated sexual assault of a child. The jury set Smith’s punishment at ninety-nine years’ imprisonment and a $10,000.00 fine. Smith complains on appeal that he was denied effective assistance of counsel, and that the provisions of the Penal Code that disallow consideration by the jury of a defendant’s voluntary intoxication are unconstitutional.

It is essentially uncontested that Smith forcibly had sexual relations with his girlfriend’s thirteen-year-old daughter. The girlfriend assisted Smith in…