Smith v. State

In this case, the petitioner, Stephanie L. Smith (“Ms. Smith”), entered into a plea agreement with the State. The terms of the agreement included that Ms. Smith would enter a plea of guilty to the crime of theft and that she would serve jail time. At the guilty plea proceeding, the sentencing Circuit Court accepted the terms of the agreement, binding itself to the agreement. However, the judge imposed a sentence below the terms of the plea agreement by sentencing Ms. Smith to probation before judgment, not finding her guilty of theft, and ordering home detention, rather than actual jail time.…