Smith v. State

BENHAM, Justice.

Appellant Roderick Smith was convicted of malice murder and other offenses arising out of the shooting death of his girlfriend, Sherita Dunham. Smith appeals his conviction and sentence and the order denying his motion for new trial.1 We affirm the convictions, but remand for resentencing.

1. The record belies Smith’s claim that the trial evidence was insufficient to support his conviction. Viewed in a light most favorable *533to the verdict, the evidence showed Smith shot the victim because he believed she was the one who took $400 in cash and his cell phone from his bedside table…