Court rejects appeal

Friday, Sept. 14, 2001 | 9:16 a.m.

SUN CAPITAL BUREAU

CARSON CITY -- The Nevada Supreme Court has dismissed the appeal of William M. Smith, sentenced to 25 years in prison in the October 1996 traffic death of a couple near Boulder City.

Smith, now 50, was the driver of a car that reached speeds of 80 mph in a 35-mph zone on U.S. 93 near Boulder City. The car spun out of control and into the path of an oncoming vehicle, killing John and Patricia Kinney.

Smith and a passenger in his car, James Holy, suffered serious injuries. The blood alcohol level of Smith at the time of the accident was 0.10, just over the legal limit.

Under a plea bargain, he pleaded no contest to drunken driving and reckless driving. He was sentenced to 20 years for the drunken driving charge and five years for the reckless driving conviction. He was ordered to pay $307,710 in restitution.

Smith complained the sentencing judge imposed a harsher sentence than the plea bargain recommended. The court said Smith was informed that the judge was free to ignore the plea negotiations.

The court said Wednesday, "The state did not breach the plea agreement merely because the District Court sentenced appellant to a greater term than was specified in the plea agreement." The court also rejected arguments that Smith's lawyer was ineffective in handling the case.

Smith, who lived in New Mexico, must serve 10 years before he is eligible for parole.