JournalStar.com

Judge tells man: Consider yourself lucky

By the Lincoln Journal Star
Friday, Sep 05, 2008 - 06:40:20 pm CDT
Lancaster County District Judge Paul Merritt Jr. told Ronnie Smith, 49, during his sentencing Friday he couldn’t tell him how lucky he was.

Smith, at one time facing 23 counts of violating a protection order, pleaded no contest to four.

At a hearing, the state sought to enhance the counts to felonies. But  Merritt said  the record of Smith’s 2007 conviction didn’t show that he had voluntarily, intelligently and knowingly waived his right to an attorney. So the violations remained misdemeanors.

On Friday, Merritt gave Smith the maximum penalty he could on the charges — six months on each, to be served consecutively.

He also sentenced Smith to one year, again the most he could, for a third-degree assault involving a fight with the victim.

“I drink a lot and it causes me some problems. But I just want to say I’m sorry,” Smith told the court.

Smith’s attorney, Bobbi Kosmicki, said the phone calls last fall weren’t violent in nature. He had reunited with the woman who sought the protection order. When they broke up again, she contacted the county attorney’s office about the calls.