Smith v. State

BLACKBURN, Presiding Judge.

Following a jury trial, Melvin Smith appeals his conviction for rape and false imprisonment, contending (i) his acquittal on the first rape charge required an acquittal on the second rape charge; (ii) the trial court erred in admitting the victim’s statement given to her treating physician; (iii) he was denied his right to a speedy trial; (iv) he received ineffective assistance of counsel; and (v) the court erred in sentencing him on the rape charge of which he was acquitted. We agree (and the State concedes) that the court erred in imposing a sentence on the wrong…