State v. Smith

OPINION

STONEBURNER, Judge.

Appellant Eric Smith challenges his conviction of motor vehicle theft, arguing that the prosecutor committed misconduct and that the district court erred by failing to remove a juror for cause; abused its discretion by failing to suppress evidence for a discovery violation; abused its discretion by failing to instruct on a lesser-included offense; and erred by diluting the reasonable-doubt standard in jury instructions. Smith also alleges that the district court abused its discretion by sentencing him as a career offender. Because we agree that the jury instruction…