State v. Smyser

After a jury trial, Defendant was found guilty of aggravated criminal sodomy. The Supreme Court affirmed Defendant's conviction, remanded a portion of Defendant's sentence for additional findings, and vacated the electronic monitoring and no contact conditions elements of Defendant's sentence, holding (1) aggravated criminal sodomy, as charged and instructed in this case, did not present an alternative means issue; (2) the district court did not err in instructing the jury on reasonable doubt; (3) the sentencing court erred by imposing electronic monitoring and an order for no contact with the victim; and (4) the sentencing court erred in imposing BID attorney feeds without considering Defendant's ability to pay. Remanded. View "State v. Smyser" on Justia Law