State v. Erickson

Following a trial by jury, the defendant was found guilty of burglary, a Class III felony, and was sentenced to a term of imprisonment of 5 to 7 years. He has appealed to this court, assigning as the sole error the alleged excessiveness of his sentence when compared to those of his two codefendants.

The evidence clearly supports the verdict of guilty. As nearly as we can determine from the record, the degree of culpability of the three participants in this offense is equal. The codefendants surrendered to arrest without resistance. The defendant broke away from a civilian volunteer who tried…