Smith v. the State

Peterson, Judge.

Following a jury trial, Reginald Falandos Smith was convicted of armed robbery. Smith appeals from the denial of his motion for new trial and argues that trial counsel was ineffective for failing to call three witnesses who would have corroborated his defense and for failing to request a jury charge on the lesser included offense of robbery. Smith has not demonstrated that he received ineffective assistance of counsel because he did not introduce the testimony from these three uncalled witnesses, which was necessary to demonstrate prejudice, and he was not entitled to a jury…