Rep. Schmitz gets part of conviction overturned

File Photo: Sue Schmitz (Left)
File Photo: Sue Schmitz (Left)

MONTGOMERY, Ala. (AP) - A federal appeals court has overturned part of the conviction against former state Rep. Sue Schmitz of Toney.

The 11th U.S. Circuit Court of Appeals ruled Friday that the four theft counts can't stand. The appeals court left intact her conviction on three counts of mail fraud, but it ordered a new sentencing hearing.

The 66-year-old former legislator had been sentenced to 2½ years in prison and ordered to pay more than $177,000 in restitution.

During her trial, prosecutors accused her of using political connections to get a job with the federally funded Community Intensive Treatment for Youth Program and then doing little work while drawing $177,000 in pay between 2003 and 2006.

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