Today, (May 18) Anita SMITHEY (52) entered a plea of No Contest to Second Degree Murder Reclassified (LF) in the 2010 shooting death of her estranged husband, Robert Cline III (41). As part of a plea agreement, SMITHEY was sentenced by Judge Marlene Alva to the 2369 days (approximately 6.5 years) already served in jail, and 10 years of probation. SMITHEY was already out of custody on bond when the plea was entered.

 

For purposes of this agreement only, the State waived the firearm minimum mandatories under Fla. Statute 775.087(2). However should SMITHEY violate the terms of her probation, the 25 year minimum mandatory sentence could be imposed. In addition Judge Alva issued judgments requiring SMITHEY to pay $3,263.45 for costs of investigation to Oviedo Police,  $12,745.88 in costs of prosecution to the Brevard Seminole State Attorney, and $25,000 to the Bureau of Victim Compensation, Crimes Compensation Trust Fund.

 

On December 31, 2020, the 5th District Court of Appeals reversed the decision of Judicial Circuit Judge Melanie Chase that denied SMITHEY’s motion that errors by her attorney had deprived her of a fair trial in 2015 and ordered a new trial. This and earlier decisions by the Court had effectively limited the State's use of key evidence in the form of a 9-11 call and subsequent interviews of SMITHEY by Oviedo Police investigators.

 

Discussions regarding a plea agreement began while preparing for a new trial. With the support of the Oviedo Police and the Cline family, the final agreement was reached. The agreement provides accountability for SMITHEY, and delivers closure for the Cline family without the trauma and uncertainty of a new trial.