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State Senator Virgil Smith will spend 10 months in jail without an option of early release but won’t be required to resign his seat for shooting his ex-wife’s car last Mother’s Day.
His resignation was part of a plea deal, however a judge told Smith during a court hearing Monday it wouldn’t be legal for him to require Smith to resign his seat in the Senate.
As part of the plea deal he’ll spend five years on probation after his release.
However prosecutors could pull the deal since it required Smith to resign.
It’s not clear if Smith, a Detroit Democrat, will voluntarily step down.
The Michigan Senate is back in session Tuesday.
