Motion to dismiss successful, Smith still facing prison term


By Alexandra Newman - [email protected]



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SIDNEY — A defendant who appeared in Shelby County Common Pleas Court Wednesday got his motion to dismiss accepted, but is still facing jail time.

In April, Jessie Lee Smith, 21, at large, was indicted on two counts of gross sexual imposition, felonies of the third-degree.

According to court records, the first count read: “During the time period of April 3, 2008 through April 17, 2008, … he had sexual contact with an 8-year-old male.”

The second count read: “During the time period of March 1, 2016 through March 4, 2016, … he had sexual contact with a 6-year-old female.”

Shortly after Smith appeared for arraignment, pleaded not-guilty, and a bond was set, he wrote a letter to the judge explaining why he couldn’t be charged with count one. Earlier this month he and his attorney filed a motion to dismiss on the grounds this sort of charge must be tried in juvenile court, and because he was located for questioning for the crime after he turned 21, it would be a violation of his rights to charge him as an adult or juvenile in this case.

In court Wednesday a plea agreement was reached in which the state dismissed count one and Smith pleaded guilty to count two. Part of the agreement was for the state to recommend 20 months, or 2 and a half years in prison.

A prison term is mandatory, and he could be given up to 60 months. The maximum fine he is facing is $10,000. Upon his release from prison he will have to complete a mandatory five years of post-release control. He will also be required to register as a sexual offender, but during his arraignment it was noted he is already a sexual offender.

Smith is also facing one count of failure to give notice of change of address or registration of new address in Miami County Common Pleas Court. According to court records, a trial to the court is set for July 8, at 1 p.m.

He is currently being held in the Shelby County Jail. He is scheduled to appear for sentencing on Aug. 22, at 1:15 p.m.

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http://sidneydailynews.com/wp-content/uploads/2016/07/web1_Jessie-Smith.jpgSmith

By Alexandra Newman

[email protected]

Reach this writer at 937-538-4825.

Reach this writer at 937-538-4825.

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