DETROIT (AP) - The Wayne County prosecutor’s office says it is seeking to appeal a judge’s decision to not require state Sen. Virgil Smith to resign from office in connection with a shooting incident involving his ex-wife.
A brief was filed Friday with the Michigan Court of Appeals.
Prosecutors say Smith, a Democrat, agreed to resign as part of his plea to malicious destruction of property. But Wayne County Circuit Judge Lawrence Talon ruled he would not force Smith to step down.
Smith was sentenced Monday to jail and probation. His resignation was announced Thursday and becomes effective April 12.
Smith was accused of shooting Anistia Thomas’ vehicle. Thomas has said she had resumed an intimate relationship with Smith but found him with a woman at his Detroit home in May.
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