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Smith v. State

Because the trial court immediately instructed the jury to disregard the witness's remark that the defendant's fingerprints matched his criminal history, defendant was not entitled to a mistrial.

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Jermaine Anton Smith was charged with numerous offenses relating to several different incidents occurring between May 16 and October 31, 1995. Following a jury trial, Smith was convicted of three counts of rape, one count of kidnapping, two counts of aggravated sodomy, one count of armed robbery, and three counts of burglary. He appeals, raising several issues. For reasons discussed below, we affirm his conviction on all counts except the armed robbery count, which we reverse for insufficient evidence.

1. In his first enumeration, Smith contends that the trial court erred in allowing evidence of two pretrial lineups in which two of the rape victims identified him as the attacker. In considering these contentions, we note that

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