Smith v. State

SMITH, Presiding Judge.

Convicted of armed robbery and hijacking a motor vehicle, Corey Smith appeals from the sentence entered by the trial court. He contends that the court failed to exercise its discretion when it imposed a consecutive sentence for the hijacking count. We agree, vacate Smith’s sentence, and remand the case for resentencing.

A jury found Smith guilty of armed robbery and hijacking a motor vehicle for taking at gunpoint the victim’s car, money, and other items. During sentencing, the trial judge stated:

Count two involves a hijacking of a motor vehicle. I have read the statute…