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Smith v. State

The trial court did not reversibly err in sentencing the defendant to life without parole as a recidivist without specifying which subsection of O.C.G.A. § 17-10-7 applied.

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Jody Smith appeals his convictions for two counts of rape, two counts of robbery by force, and kidnapping. He contends he was denied due process of law because the trial court did not replace his appointed defense counsel. He also contends the trial court erred by seating one juror and excusing another, by denying his motion for a directed verdict in his competency trial, and by sentencing him as a recidivist. Smith further contends that the evidence was insufficient to establish the asportation necessary to prove the crime of kidnapping. Finding no error, we affirm the trial court. Viewed most strongly in support of the verdict, the evidence shows that a victim testified that a man gained entrance to her apartment by telling her he was there to check the water, then forced her into a bedroom and raped her. As he was leaving, the man took a ring from the victim’s finger. The victim identified Smith at trial as the man who raped her.

Another victim testified that a man grabbed her in her apartment building’s laundry room, forced her into a bathroom stall, and raped her. Afterward, the assailant took a ring from the victim’s finger. This victim, who is visually impaired, did not identify Smith as the man who raped her, but a maintenance man identified Smith as the man he saw in the laundry room earlier on the day of the attack.

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