FARMINGTON — A Carthage man was sentenced Monday to serve one year of a five-year prison sentence for selling heroin.
Anthony Smith, 31, pleaded guilty in Franklin County Superior Court to a Class B charge of unlawfully trafficking in scheduled drugs. A conviction carries a penalty of up to 10 years in prison and a $20,000 fine.
Smith will forfeit $1,940 to the state.
Assistant Attorney General David Fisher said the state dismissed misdemeanor charges of unlawful possession of a scheduled drug, falsifying evidence and a felony charge of criminal conspiracy.
If the case had gone to trial, Franklin County Detective Stephen Charles would have testified that he and other officers executed a search warrant at the residences of Smith and his father, Russell Smith, in Carthage on July 30, 2015, Fisher said.
During the Smiths’ first appearance in court last year, Assistant District Attorney Joshua Robbins told the court that evidence led to a search warrant for two Carthage residences, where it appeared a large volume of heroin was being supplied to the Rumford, Carthage, Mexico and Farmington areas.
Seized in the search of Anthony Smith’s home were used hypodermic needles, a set of digital scales, heroin, drug packaging and money, Fisher said.
Smith’s cellphone also was seized, according to Charles’ affidavit filed with the court. Some texts were extracted as evidence from the phone involving the sale of heroin, Fisher said.
The text messages show that Smith’s brother, Jonathan Smith, 28, of Mexico was running the show, he said. The younger Smith was arrested on drug charges in Oxford County on July 29. His case is unresolved, Fisher said.
Russell Smith, 52, also faces drug charges. Heroin was seized from his residence on July 30, 2015, according to Charles’ affidavit.
Anthony Smith was addicted and did not appear to accrue any financial benefit but for his addiction, Fisher said.
Smith also pleaded guilty to violating conditions of release while he was in jail that involved phone calls with his brother whom he was not supposed to contact.
Smith also admitted to a probation violation on a previous forgery conviction in 2013 where he was given a sentence of three years with all but 45 days suspended.
Justice William Stokes sentenced Smith to two years of probation on the drug conviction. He will be given credit on his drug conviction sentence for the two months he was incarcerated at the Franklin County Detention Center.
Stokes also ordered him to serve one year for the probation violation and 10 months on the violation of condition of release. Both will be served at the same time as the drug-trafficking sentence.
Stokes granted a stay of the sentence execution until Jan. 9, 2017.
He also agreed to lift a no-contact provision with Smith’s brother, Jonathan Smith. The latter would have to have his bail changed to allow the contact.
dperry@sunmediagroup.net
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