State v. Smith

The opinion of the court was delivered by

Beier, J.:

Benny Ray Smith was convicted of premeditated first-degree murder and sentenced to life in prison. This is his direct appeal. We affirm.

Smith’s conviction arose out of the shooting death of Michelle Scott. Evidence presented at trial demonstrated that Scott was shot in the head at close range. The entrance wound was behind her left ear.

Smith lived with Scott and her 12-year-old son. Smith kept his gun under the bed in the bedroom he shared with Scott. On the evening of the shooting, Smith, Scott, and a friend, Judy Perry, were drinking…