State v. Smith

GAITAN, Judge.

Defendant-appellant, Andrew Dale Smith, was originally charged in the Livingston County Circuit Court with burglary in the first degree and assault in the first degree. The latter charge was amended to assault in the second degree. A change of venue was granted and the cases were eventually transferred to Clinton County where they were consolidated for trial. He appeals the jury verdicts of guilty and his sentence of five years and one year, consecutively.

Appellant was 41 years old and had been a farmer all of his life. He lived on the farm in a duplex type house with his wife,…