LITTLE ROCK, Ark. (AP) — A prosecutor says he wants to appeal a judge's order that cleared former Arkansas lawmaker and Harlem Globetrotter Fred Smith's record in a felony theft case that state Democrats say makes the ex-legislator ineligible to run for office.
Prosecutor Thomas Deen said Thursday he planned to file a notice of appeal over Chicot County Judge Sam Pope's order dismissing the felony theft case. Pope ruled last week that Smith complied with the conditions of his sentence when he was found guilty last year of theft of property delivered by mistake.
Deen says Pope relied on a law that wasn't in effect when Smith was found guilty.
The Democratic Party is suing to keep Smith off the ballot for his old House seat and says his felony conviction makes him ineligible.
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