A Sparks man who earlier pleaded no contest to four counts has been sentenced.
Formal felony charges were filed May 4, 2022 in Lincoln County District Court against James Leonard Smothers, then 41, following his arrest by Lincoln County deputies.
He pleaded no contest in November to the court counts.
Appearing before District Judge Sarah Bridge last week, the court found Smothers guilty as charged on Count 3 and sentenced him to seven years in the Department of Corrections, a $100 fine, $100 VCA and court costs.
On Count 4, Judge Bridge sentenced him to seven in DOC, $100 fine, $100 VCA and court costs.
On Count 5, she sentenced him to six months in the county jail, $100 fine, $100 VCA and court costs.
Count 6 the judge sentenced him to six months in the county jail, $100 fine, $100 VCA and court costs.
Judge Bridge ordered that the sentences run concurrently with each other. Smothers is to be placed in the RTP programs or an equivalent program. Upon successful completion of that program, the balance of the defendant’s sentence is to be suspended, he is to receive credit for time served and be placed on supervised probation with DOC.
He is to report to the Court Clerk’s Office within 180 days of his release.
Smothers was originally scheduled for trial in February of 2024. Smothers opted for a bench trial that was set for Nov. 21 and on that date took a blind plea.
Appearing in November before District Judge Sarah Bridge, Smothers, as the result of a plea agreement entered a no contest plea to four of the counts. The state dismissed two of the felonies.
Both the state and defendant agreed to waive prohibition against probation. The judge received the plea and ordered a pre-sentence investigation.
Assistant District Attorneys Rachel Thompson and Kelly Trimble prosecuted the case for the state and Smothers was represented by attorney Richard Anderson.
At his preliminary hearing on March 17, 2023 before Special Judge Emily Mueller, he was bound over to stand trial.
In Count 1, which was dismissed, Smothers was charged with possession of firearm after former felony conviction of two or more felonies. On April 22 of this year, in Sparks in Lincoln County, he allegedly had in his possession and control a 9mm semiautomatic pistol with a magazine containing eight rounds located in a crate after he had been convicted on Dec. 27, 2017 in Pottawatomie County District Court of possession of a stolen vehicle; knowingly concealing stolen property; and affixing improper license plate.
Count 2, that was also dismissed, accused Smothers of second degree burglary on the same date by breaking and entering into a building located at 349443 E. 1010 Road in Sparks. The information states the building was owned by Roger Baker which had property of value contained in it and was broken into with the intent to commit larceny.
In Count 3, Smothers is charged with grand larceny after former conviction of two or more felonies by taking and carrying away a storage building that belonged to Baker without his consent and with the intent to deprive Baker of a storage building permanently.
Count 4 against Smothers is injuring pipes or wires after former conviction of two or more felonies by cutting into the face plate to the box of an electric pole to attempt to connect into the power wires.
One misdemeanor count is trespassing without permission by trespassing on property at 349443 E. 1010 Road without the permission of the owner.
The other misdemeanor accuses Smothers of receiving, holding or concealing a lost or mislaid credit card belonging to an individual which was lost or mislaid and Smothers failed to inquire as to the true owner.