SIDNEY — The man who got his motion to dismiss accepted in June was sentenced on his other charge Monday in Shelby County Common Pleas Court.
Jessie Lee Smith, 21, at large, will spend the next 30 months in prison on one count of gross sexual imposition, as well as five years after that on community control, and have to register as a tier II sexual offender for the next 25 years.
Smith was originally charged with two counts of gross sexual imposition, felonies of the third degree, but as part of a motion to dismiss and a plea agreement reached in June the first count was dismissed.
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. The motion to dismiss was based 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 Monday, Smith’s attorney Andrew Venters said Smith has identified he needs mental health counseling and has a desire to turn his life around. Venters and Shelby County Prosecutor Tim Sell asked the court to follow the recommended sentence from the plea agreement.
Before handing down the recommended sentence, Judge James Stevenson noted Smith’s juvenile record.
“The court notes you have an extensive juvenile record including sexually based offenses. And this charge involved a very young child,” he said.
Smith was also facing a failure to give notice of change of address charge in Miami County, but that was dismissed at the end of June, according to court records.
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