Ricky Smith Case Brief

Ricky Franklin Smith was convicted based on his guilty plea of breaking and entering and his fourth offense of being a habitual offender. During his sentencing hearing, the court referred to his juvenile court records and enhanced his final sentence. Smith appealed his sentencing in the Court of Appeals arguing that he was entitled to resentencing because his juvenile criminal records had been automatically expunged pursuant to former MCR 5.913 (People v. Smith, 2017). The Court of Appeals reviewed People v. Price which had ruled that a juvenile record automatically expunged pursuant to MCR 5.913 could not be used during the presentence investigation. They also reviewed People v. Jones where the panel concluded that an expunged juvenile

However, Smith did not make it to the age of twenty-seven before he was convicted of more crimes. All together Smith was placed on probation for truancy, and his probation continued when he was found driving a stolen vehicle. His probation was continued once again after he was “referred” for riding a bicycle while under the influence of alcohol and he was stealing candy bars. Smith’s probation was continued once again after he was charged with larceny from a building and was found carrying a knife. Again, his probation was continued when he was found at 2 in the morning violating the curfew and threatened a police officer with a knife. He was transferred into a Boys’ Training School, but was listed as a runaway three months later. No contact was made with him again until January 28, 1972, where is was arrested, and charged as an adult. He was charged with attempted possession of heroin and sentenced to two years’ probation (People v. Smith,