LANSING (WWJ/AP) – Leaders in the Michigan Senate say they still expect Senator Virgil Smith to resign from office despite a judge not accepting his resignation as a condition of a plea deal.

The Detroit area Democrat on Monday was sentenced to 10 months in jail for malicious destruction of property in connection with a shooting incident involving his ex-wife.

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But Wayne County Circuit Judge Lawrence Talon said requiring Smith’s resignation as part of the deal “offends the state constitution.”

Republican Senate Majority Leader Arlan Meekhof said Tuesday that Smith “will resign at some point,” adding that expulsion proceedings could be an option if necessary.

Democratic Senate Minority Leader Jim Ananich says he “can’t see a scenario” where Smith, who represents Michigan’s fourth senate district, doesn’t resign.

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The Michigan Constitution says lawmakers are ineligible for office if convicted of a felony that breaches the “public trust.”

Smith, 36, was arrested last Spring at his Detroit home after allegedly assaulting his ex-wife and shooting up her parked Mercedes-Benz. He’s accused of firing as many as ten shots the car in what authorities said was a domestic dispute, also involving a second woman, early Mother’s Day morning.

Smith initially was charged with domestic violence and assault, but those counts were dropped in an agreement with prosecutors.

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Along with his jail sentence, Smith was ordered undergo alcohol and drug counseling. The judge also said Smith will have no chance for early release.