JACKSON, Miss. (WDAM) - A man convicted of murdering Hattiesburg Police Officer David Anthony will remain in prison after a ruling from the Mississippi Court of Appeals Tuesday.
Donald Smith pleaded guilty in 1973 to committing murder and received a life sentence. He also admitted to robbery and kidnapping, which added 45 and 30 years to his life sentence, according to court documents. Smith was also later convicted of four more counts of aggravated, adding 62 total years to be served after his 1973 conviction.
Smith filed a motion in the Forrest County Circuit Court for release from incarceration because he believed he was eligible for parole, though the circuit court denied the request because he had not served enough time and said he was not eligible for parole.
The Court of Appeals affirmed the denial of the circuit court, saying that though Smith is eligible for parole, “it is beyond the reach of this Court to order his release," because that power is reserved to the Parole Board.
Smith is currently housed at the Central Mississippi Correctional Facility.