Smith v. State

BUCHANAN, Chief Judge.

CASE SUMMARY

Appellant-defendant James H. Smith, Jr. (Smith) appeals from one conviction of possessing a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge, a class D felony (possession); and two convictions of attempting to possess a controlled substance by misrepresentation, fraud, forgery, deception, or subterfuge, class D felonies (attempt), claiming (1) the evidence is insufficient on the possession conviction, and (2) a prior attempt conviction may not form the basis of enhancing the penalty for convictions of attempt and possession…