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Judge suspends 10-year term, orders $13,114.93 restitution in criminal mischief case
Summary
In the criminal mischief case, the court sentenced Leroy Smith to a 10-year term but suspended it and placed him on 10 years' probation, ordering $13,114.93 in restitution and requiring a strict reporting level.
The presiding judge in the 252nd District Court found Leroy Smith guilty of criminal mischief and sentenced him to a 10-year term in the institutional division of the Texas Department of Criminal Justice but suspended that sentence and placed Smith on 10 years of community supervision. The court ordered Smith to pay restitution in the amount of $13,114.93.
Defense counsel had urged leniency, citing Smith’s long-term employment and post-release stability; the state emphasized the seriousness and extent of damage in the offense and Smith’s prior criminal history. A victim statement and evidence submitted by Enterprise showed damage estimates the court treated as restitution. The judge said she considered both Smith’s rehabilitation since earlier convictions and the severity of the misconduct in arriving at a suspended sentence with substantial restitution.
Under the court’s order, Smith will be placed on a higher-caseload probation at the outset, must make regular monthly payments, and the court directed that at least half of any monthly payment go to restitution. The judge noted that if Smith complies with probation conditions his custodial sentence will remain suspended, but a violation could lead to revocation and imposition of the 10-year prison term.
The court also gave standard written admonishments about ineligibility to possess firearms as a result of the judgment and directed Smith to work with probation on a payment plan and reporting schedule.
