Woman convicted of shooting husband takes deal in murder case
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ORANGE COUNTY, Florida (WESH) — An Oviedo woman who was convicted of shooting her husband to death 11 years ago is now a free woman because of a plea deal made Tuesday.
Anita Smithey is out of prison after serving six and a half years of a 40-year sentence.
The case was complicated with all parties involved, saying in essence they wanted it to be over.
It started in 2010 when Smithey shot and killed her estranged husband, Robert Cline III.
They were separated, living apart. Smithey testified that Cline came over to her house and they had consensual sex, but after a fight in which he accused her of sleeping with someone else, Smithey said Cline raped and stabbed her.
Smithey shot her husband to death with a .38 caliber pistol.
The jury convicted Smithey of second-degree murder. She was overwhelmed. Cline’s family felt vindicated.
But just last year, Smithey was awarded a new trial. An appellate judge said her 2015 trial was not fair and said her attorneys made mistakes.
It was while both sides were gearing up for the new trial that the deal was made. Smithey pleaded no contest to second-degree murder. She is on probation for 10 years and will pay thousands of dollars in fines.
In a news release, the state attorney’s office said everyone signed off on the deal, including Cline’s family, who didn’t want the trauma and uncertainty of another trial.
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