ELECTRONICALLY FILED 12/23/2013 10:30 AM 44-CC-2012-000770.00 CIRCUIT COURT OF LIMESTONE COUNTY, ALABAMA BRAD CURNUTT, CLERK IN THE CIRCUIT COURT OF LIMESTONE COUNTY, ALABAMA STATE OF ALABAMA V. CLEM AUSTIN SMITH Defendant. ) ) ) Case No.: ) ) ) CC-2012-000770.00 AMENDED SENTENCE ORDER ______________ The above-styled matter came before the Court on November 13, 2013 for a sentence hearing. The defendant was present in open court with his attorney, the Hon. Dan C. Totten. The State of Alabama was represented by the Hon. James C. Ayers, Jr. and Matthew R. Huggins. The defendant having been adjudged guilty of the offenses of Count I - Rape, 1st; Count II - Rape, 2nd; Count III - Rape, 2nd, on September 11, 2013, and sentencing was deferred. The Defendant files herein a Waiver of Right to be Present for re-sentencing this date. IT IS ORDERED, ADJUDGED AND DECREED BY THE COURT that the defendant’s sentence entered on November 13, 2013 is hereby amended as follows: (X) Count I, Rape 1st - Fifteen (15) years in the State Penitentiary, split sentence to serve time previously served, balance suspended and placed on five (5) years supervised probation. (X) Count II, Rape 2nd - Ten (10) years in the State Penitentiary, split sentence to serve time previously served, balance suspended and placed on five (5) years supervised probation. (X) Count III, Rape 2nd - Ten (10) years in the State Penitentiary, split sentence to serve time previously served, balance suspended and placed on five (5) years supervised probation. (X) Sentences herein shall run consecutive (35 years). Defendant is ORDERED to pay the following: (X) Court Costs (X) Restitution $ 1,631.00 (X) Bail Bond Fee $ 750.00 Special Conditions of Probation: (X) Defendant shall remain gainfully employed. (X) Defendant shall attend and complete counseling as appropriate and related to the offenses convicted of. Said counseling shall be arranged, monitored and approved by the Alabama Board of Pardons and Parole. (X) Defendant shall have no contact with victim or victim’s family. (X) Defendant shall register through the Limestone County Sheriff’s Department with appropriate authorities as a sexual offender. (X) Defendant shall pay court-ordered monies consistent with the payment plan approved by the Alabama Board of Pardons and Parole. (X) Defendant shall hereafter comply with the terms and conditions of his probation. DONE this 23rd day of December, 2013. /s/ JAMES W. WOODROOF CIRCUIT JUDGE