WINSTON-SALEM, N.C. -- After nearly 20 years in prison, Kalvin Michael Smith is free.
Smith was convicted in 1997 of robbery and assaulting Jill Marker at the Silk Plant Forest store in 1995.
On Wednesday, a judge ruled Smith’s attorney failed to present evidence that would have led to a shorter prison sentence at the time of his conviction.
The Attorney General's office and lawyers agreed that certain evidence presented during Smith's trial could have left him with a shorter sentence.
That evidence was a good attitude, family support and a positive work record that was not entered during the sentencing phase of the original trial.