Smith v. State

OPINION -

BROOK, Judge

Case Summary

Appellant-defendant John David Smith ("Smith") appeals the post-conviction court's denial of his petition for relief. We reverse.

Issues

Smith raises five issues for review, three of which we address as reordered and restated below: 1

I. whether the post-conviction court erred in determining that Smith's claims were barred by laches; and

II. whether Smith should have been convicted and sentenced on six theft counts arising from a single act of larceny; and

III. whether Smith's offenses constituted a single episode of criminal conduct under Indiana Code Seetion…