Smith v. State

The trial court entered judgment and sentence in accordance with the jury’s verdict finding Donnie Smith guilty of committing the crime of possession of a firearm by a convicted felon.1 Mr. Smith appeals contending that the trial court erred in refusing to instruct the jury on self-defense and in assessing an additional 18 points on the sentencing guidelines scoresheet for possession of a firearm. We affirm Mr. Smith’s conviction, but vacate his sentence.

At the conclusion of his trial, Mr. Smith requested that the trial court instruct the jury on the defense theories of necessity and…