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Judge orders state senator Smith to jail, nixes resignation

A judge has sent Virgil Smith to jail for a shooting incident involving his ex-wife, but ruled the state senator from Detroit does not have to resign from office.

Wayne County Circuit Judge Lawrence Talon on Monday stuck with an earlier ruling that he could not enforce Smith's resignation as a condition of the plea made with prosecutors.

Prosecutors say they will appeal the ruling because Smith "did not fulfill his part of the plea agreement by resigning his elected position."

Smith was sentenced to 10 months in jail and five years' probation for malicious destruction of property.

Smith was accused of shooting Anistia Thomas' Mercedes-Benz.

Thomas has said she had resumed an intimate relationship with Smith but found him with a naked woman at his home last May.

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