Stephan P. Smith v. State Indiana

After a trial by jury, appellant Stephan Smith was convicted of attempted criminal deviate conduct, a class A felony, Ind. Code §§ 35-42-4-2, 35-41-5-1 (West 1986); two counts of criminal confinement, class B felonies, Ind. Code § 35-42-3-3 (West Supp. 1993); and of being an habitual offender, Ind. Code § 35-50-2-8 (West Supp. 1993). On appeal Smith raises the following issues: