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Smith v. State

The state's invocation of the recidivist statute had only a collateral effect on the trial court's sentence in that it removed any possibility of parole and criminal defendants have no constitutional right to be informed of collateral consequences when considering a guilty plea.

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Following a jury trial, Denver Smith was convicted of aggravated assault, criminal attempt to commit armed robbery, and possession of a firearm during the commission of a felony. Smith appeals the trial court’s denial of his motion for new trial, arguing that his trial counsel rendered ineffective assistance and that the trial court erred by allowing him to proceed to trial without first determining why Smith expressed confusion when asked by the trial court whether he wanted to enter a non-negotiated guilty plea. We find no error and affirm. Viewed in the light most favorable to the guilty verdict, the evidence at trial showed that Smith offered to sell his vehicle to the victim. When Smith took the victim on a test-drive, he put a gun to the victim’s head and demanded the victim’s money. After struggling with Smith, the victim jumped out of the moving vehicle. Smith crashed into a parked tow truck and abandoned the vehicle.

The subsequent investigation revealed that the car was registered to Smith’s aunt. Smith’s aunt told the investigator that she had loaned her vehicle to Smith on the day in question and that Smith later told her that the car had been impounded by a tow truck. The victim identified Smith as the perpetrator of the crime from a photographic lineup in the days following the incident and again at trial.

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