A man convicted of shooting two Atlantis security guards at the popular Marina Village in 2009 is appealing his conviction and sentence.
Clarence Smith Jr., 22, was sentenced to 16 years' imprisonment after being convicted of two counts of attempted murder in 2012, but defense lawyer Murrio Ducille told the Court of Appeal that the trial judge erred in his directions to the jury.
Ducille also argued that the dock identification of Smith should not have been allowed because the shooting victims did not attend an identification parade.
Ducille said the sentence of 16 years was manifestly excessive due to Smith's youth and that it was his first offense.
Prosecutor Linda Evans asked the court to uphold the conviction, even if it found that the judge made a misdirection because it did not undermine the trial.
Smith was convicted for the October 31, 2009 shooting of Dwayne Decosta and Troy Feaste.
At his trial, Smith did not testify in his defense, but Ducille claimed that he was a victim of mistaken identity.
In his statement to police, Smith initially admitted that he was at Marina Village, but he later amended the statement by saying he was at his girlfriend's residence.
Decosta was shot multiple times in the chest and Feaste was shot in the shoulder.
Feaste said he could never forget the face of the shooter and identified Smith in a photo line-up on November 2.
Feaste claimed that the shooter had corn rows. Ducille pointed out that Smith's hair did not appear braided in the photo which was taken on November 1. However, Feaste remained resolute in his identification.
The court has reserved its decision.

Click here to read more at The Nassau Guardian