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Smith v. State

Supreme Court of Arkansas

July 31, 2014

ANTONIO LAMONT SMITH, APPELLANT
v.
STATE OF ARKANSAS, APPELLEE

Editorial Note:

This opinion is uncorrected and subject to revision before publication in the printed official reporter.

Page 105

APPEAL FROM THE PULASKI COUNTY CIRCUIT COURT. NO. 60CR-10-1477. HONORABLE CHRISTOPHER CHARLES PIAZZA, JUDGE.

Antonio Lamont Smith, Pro se, appellant.

Dustin McDaniel, Att'y Gen., by: Eileen W. Harrison, Ass't Att'y Gen., for appellee.

OPINION

Page 106

PRO SE

PER CURIAM

In 2011, appellant Antonio Lamont Smith was found guilty by a jury of murder in the first degree and possession of a firearm by a felon. He was sentenced as a habitual offender to an aggregate sentence of 780 months' imprisonment. Appellant appealed the judgment on the ground that the evidence was insufficient to show that he acted with purpose when he shot the victim. The Arkansas Court of Appeals affirmed. Smith v. State, 2012 Ark.App. 359.

Page 107

Subsequently, appellant timely filed in the trial court a verified, pro se petition for postconviction relief pursuant to Arkansas Rule of Criminal Procedure 37.1 (2011). The trial court denied the petition after holding a hearing. Appellant brings this appeal.

In his petition, appellant alleged that he was not afforded effective assistance of counsel at trial. This court has held that it will reverse the trial court's decision granting or denying postconviction relief only when that decision is clearly erroneous. Conley v. State, 2014 Ark. 172, 433 S.W.3d 234. A finding is clearly erroneous when, although there is evidence to support it, the appellate court, after reviewing the entire evidence, is left with the definite and firm conviction that a mistake has been committed. Caery v. State, 2014 Ark. 247');">2014 Ark. 247 (per curiam); Sartin v. State, 2012 Ark. 155, 400 S.W.3d 694.

When considering an appeal from a trial court's denial of a Rule 37.1 petition based on ineffective assistance of counsel, the sole question presented is whether, based on a totality of the evidence under the standard set forth by the United States Supreme Court in Strickland v. Washington, 466 U.S. 668, 104 S.Ct. 2052, 80 L.Ed.2d 674 (1984), the trial court clearly erred in ...


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