SMITH v. STATE

No. CR 96-684.

943 S.W.2d 234 (1997)

328 Ark. 249

Danny SMITH, Appellant, v. STATE of Arkansas, Appellee.

Supreme Court of Arkansas.

April 28, 1997.


Attorney(s) appearing for the Case

Thurman Ragar, Jr., Van Buren, for Appellant.

Winston Bryant, Attorney General, C. Joseph Cordi, Jr., Assistant Attorney General, Little Rock, for Appellee.


GLAZE, Justice.

Appellant Danny Smith was convicted of raping his seven-year-old daughter, and was sentenced to thirty-five years' imprisonment. At trial, the State presented descriptive testimony of the rape and medical proof confirming it, and Smith does not challenge that evidence on appeal. Instead, the two points he raises are, one, his counsel provided ineffective assistance at trial because counsel failed to advise him to testify, and two, the trial judge erred...

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