State v. Smith

Summary

The court affirmed Smith’s convictions for felonious restraint, two counts of forcible gross sexual imposition, and six counts of aggravated assault. It held that the trial evidence, including Smith’s recorded admission that he choked the victim nine or ten times, was sufficient to support six aggravated-assault convictions. Applying the same-elements test, the court also held that neither felonious restraint nor aggravated assault is a lesser included offense of forcible gross sexual imposition.