On an out-of-time appeal from non-negotiated guilty pleas to aggravated assault, robbery, and theft by receiving the same vehicle, Anthony Smith argued that trial counsel failed to advise him about defects in the indictment. The Court of Appeals rejected his challenge to the aggravated-assault count because it adequately alleged an assault with a deadly weapon. It held that the robbery and theft-by-receiving pleas could not both stand because the offenses were mutually exclusive when based on the same vehicle, as the State conceded. The court vacated those two pleas and convictions and remanded for further proceedings on those counts. It affirmed the aggravated-assault conviction because the pleas were not negotiated, so vacating the other pleas did not undermine it.