Smith v. State

MELTON, Justice.

Following a jury trial, Lester James Smith, Jr., was found guilty of, among other things, malice murder and attempting to elude a police officer in connection with the shooting death of Joel Andresen during a failed drug deal aneed chase involving five police officers.1 On appeal Smith contends, primarily, that the trial court erred a subsequent high-spd by: (1) charging the jury that he was not justified *769in using force if he was attempting to commit a felony; and (2) sentencing him on five separate counts of attempting to elude a police officer. For the reasons that follow,…