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Archive for Wednesday, October 19, 2011

Lawrence man convicted of robbing convenience arrested for not showing up for sentencing

October 19, 2011

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A 60-year-old Lawrence man who was convicted of robbing a Lawrence Presto convenience store in 2006 was taken into custody Tuesday after he failed to show up for his sentencing earlier this month.

Charles E. Smith had pleaded guilty to one count of robbery in May, and District Judge Sally Pokorny had issued a bench warrant for his arrest last week when he failed to appear for the sentencing. Sgt. Steve Lewis, a Douglas County Sheriff’s spokesman, said Smith showed up to court Tuesday, and he was arrested on the warrant related to the robbery case.

Prosecutors had accused him on Nov. 25, 2006, of robbing the Presto convenience store, 2330 Iowa, by pointing something under his shirt at the clerk and making off with contents of the register. A Douglas County jury in 2007 had convicted Smith of the robbery, but the Kansas Court of Appeals later ordered he get a new trial based on Smith’s claims that his Sixth Amendment rights to effective counsel at the trial were violated. Instead Smith entered a guilty plea in the case, according to court records.

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