Smith v. State

PHILLIP R. GARRISON, Judge.

Timothy G. Smith (“Smith”) appeals from a judgment entered following a jury verdict finding Smith to be a sexually violent predator (“SVP”) and committing Smith to the Missouri Department of Mental Health pursuant to Sections 632.480 et. seq.1 Smith argues, inter alia, that the recent decision of the Missouri Supreme Court in In the Matter of the Care and Treatment of Thomas, 74 S.W.3d 789 (Mo. banc 2002), mandates that the judgment be reversed and that Smith be granted a new trial, with directions to the trial court concerning jury instructions. We agree.

On June 3,…