Smith pleads guilty in Harlan Circuit Court
Published 3:40 pm Tuesday, August 13, 2019
A Cawood woman was recently sentenced to five years in Harlan Circuit Court after entering a negotiated guilty plea.
Leslie Smith, 31, appeared before Harlan Circuit Judge Kent Hendrickson on Aug. 1. She was represented by her attorney, Cotha Hudson. Commonwealth’s Attorney Parker Boggs and Assistant Commonwealth’s Attorney Jonathon Lee handled the matter for the state.
According to the final judgment order, Smith entered a negotiated plea of guilty on Dec. 6, 2018, to eight counts of second-degree criminal possession of a forged instrument, which stems from crimes committed on Sept. 7, 2016. Smith also pleaded guilty to first-degree trafficking controlled substance on Dec. 6, stemming from acts committed on June 23, 2015.
Smith was granted pretrial diversion for five years following her charges, with mandatory completion of drug court during a term of her diversion. Smith’s pretrial diversion was voided July 17, 2019 due to termination from drug court.
The court found imprisonment was necessary for the protection of the public because there was a substantial risk Smith would commit another crime during any period of probation/conditional discharge, stating it would unduly depreciate the seriousness of her crime. The court also ruled that Smith is in need of correctional treatment that can be provided most effective by his commitment to a correctional institution, as stated in the final judgment order.
Hendrickson sentenced Smith to five years in prison, plus restitution in the amount of $1,385, with 5 percent service fee added to each payment, be paid to Home Federal Bank in Middlesboro through the Harlan Circuit Clerk’s Office at a minimum rate of $100 per month with the first payment due within 30 days from incarceration.
Michael Rigney, 33, of Harlan, also came before Hendrickson on Aug. 1, on the state’s motion to revoke his probation.
According to the probation revocation order, Rigney did not comply with the terms and conditions of his probation.
Rigney was granted probation on Aug. 15, 2018, after entering a plea of guilty in Harlan Circuit Court on Aug. 1, 2018, to second-degree criminal possession of a forged instrument and theft by deception (over $500).
Rigney was instructed to pay $575 in restitution to Donna Goff, of Lily, at a minimum rate of $100 per month, with the first payment due within 30 days of sentencing. In addition, Rigney was to complete 1,000 hours of community service work approved by the Commonwealth’s Attorney’s Office within the first year of probation and submit to substance abuse evaluation/assessment with the probation and parole social services clinician.
Hendrickson revoked Rigney’s probation and remanded him to the custody of the Kentucky Department of Correction to completed his five-year sentence.