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WINSTON-SALEM, N.C. — Kalvin Michael Smith will go free Thursday after serving nearly 20 years in prison.

Smith was convicted in 1997 of robbery and assaulting a woman in 1995.

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.