State v. Smith

Facts and Procedural History

Appellant Charles A. Smith (“Smith”) was found guilty of forcible rape (Count I), aggravated stalking (Count II), four counts of violation of a protective order (Counts III, IV, V, VI), and domestic assault in the second degree (Count VII). We affirm in part and reverse in part.

Viewed in the light most favorable to the verdict, the evidence at trial showed that Smith and J.K. were romantically involved. Approximately a week before Christmas 2009, J.K. told Smith that she wanted to end the relationship, but they continued to see each other. On 26 December 2009, J.K.…