Smith v. State

BARTEAU, Judge.

In 1981, James Smith pleaded guilty to charges of rape, a class A felony and confinement, a class B felony, for which he received concurrent sentences of fifty and twenty years. Smith's sentence was affirmed by the Indiana Supreme Court. Smith v. State (1985), Ind., 485 N.E.2d 898. By way of a petition for post-conviction relief, Smith now raises the following issues:

I. Whether he was denied effective assistance of counsel;

II. Whether the court improperly used the same factor to elevate both the rape and the confinement convictions to higher class felonies; and

III. Whether…