Smith v. State

OPINION

BROOK, Senior Judge.

Case Summary

Appellant-defendant Maurice K. Smith appeals his convictions for attempted rape 1 as a Class B felony, battery 2 as a Class C felony, criminal confinement 3 as a Class D felony, and intimidation 4 as a Class D felony. Smith also challenges the constitutionality of Indiana's repeat sexual offender statute, Indiana Code Section 35-50-2-14. We affirm in part and vacate in part.

Issues

We restate the two issues Smith presents as follows:

I. - Whether the trial court abused its discretion in instructing the jury; and

II. Whether Indiana Code Section 35-50-2-14…