A man who violated his probation was sentenced to a term of imprisonment Tuesday in Albany County District Court.

Judge Jeffrey Donnell sentenced 24-year-old Shyray James Smith to 3-5 years in prison with credit for time served. Donnell included a recommendation for the intensive treatment unit in the sentencing order.

Smith was convicted of marijuana possession in 2012. Donnell allowed Smith first offender status and sentenced him to three years of supervised probation in January 2013.

Smith had nearly completed his probation when he was convicted of a misdemeanor DUI on Oct. 28, 2015 in Adams County, Colo. Smith was also convicted of felony menacing on November 20 in Arapaho County, and felony possession of cocaine on Nov. 23 in Denver County.

The Albany County Sheriff’s Office issued a warrant for Smith on Dec. 29 and announced on Jan. 8 that Smith was in custody and awaiting extradition to Albany County.

Defense attorney Candace Pisciotti asked Donnell to place Smith on probation, noting that he had been very close to completing his initial probation which would have ended Jan. 3.

“You know what they say – close only counts with horseshoes and hand grenades, and we’re not doing either one of those,” said Donnell.

Prosecutor Kurt Britzius argued that Smith did “extremely poorly on supervision,” and asked for a period of incarceration. Britzius noted Smith’s “severe issue” with controlled substances and recommended in-patient treatment.

“Your honor, I tried to comply with my probation as best as I can,” said Smith. “I’ve only had two dirty UAs.”

Judge Donnell read from the transcript of the hearing when he gave Smith first-offender status in 2013 before sentencing him.

“You had your chance, and it was a good one,” said Donnell. “So we’re going to do exactly what I told you we’re going to do.”

Smith was remanded to custody pending transfer.

“I wish you had made other choices, Mr. Smith,” said Donnell. “Nothing that happens here today is a surprise.”

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