Eternity Nicole Smith, a 25-year old new mother, was sentenced to 38–84 months in prison and a $15,000 fine for trafficking level two of a controlled substance (heroin), a category B felony after an August 2016 arrest.
In August 2018 at an arraignment hearing, Smith pleaded guilty to the category B felony charge, which carries with it a mandatory prison sentence of 2–15 years in prison and up to $100,000 fine without the possibility for probation.
She asked the court to allow her to come back for her sentencing hearing after she gave birth to the child she was pregnant with at the time of her arraignment hearing, which the court accommodated.
Smith’s attorney Jenny Hubach reported that Smith, who resides in Kentucky, was originally pulled over for speeding and was facing a DUI charge. Hubach said the blood results showed that Smith was not driving under the influence and blood results came back clean, however, she was concealing between 18–24 grams of heroin on her person and was caught on video hiding it in the back of the patrol car.
Smith was also pregnant at the time of being arrested in 2016, which Hubach said caused additional complications with the case. Smith has since given birth to two children in the two and a half years since being arrested.
“When we spoke over the last two years, she’s (Smith) always a person that wants to take full responsibility for what she did; it’s a very sad day for everyone,” said Hubach. “I don’t think anyone wants to see this young lady go to prison, but everyone’s hands are tied.”
In addition to the 38–84 month prison sentence and $15,000 fine, Smith was ordered to pay a $153 DNA collection and analysis fee, $25 administrative assessment fee and $60 forensic fee. The prison sentence and fine followed the recommendation made by the department of parole and probation.
“Everything has a consequence and I have learned from everything as well and thank you for being lenient and letting me have my child,” said Smith in her allocution statement to the court, prior to an emotional departure from her family into custody to carry out the prison sentence.
