State v. Ogata

McQUADE, Chief Justice.

This is an appeal from a sentence and commitment for a term not to exceed two years in the Idaho, State Penitentiary. The judgment followed a plea of guilty to the charge of “Unlawful Delivery of a Schedule 1 Controlled Substance, to-wit: Heroin” in violation of I.C. § 37-2732. Appellant appeals from the sentence portion of the judgment, contending that the district court abused its discretion in denying his application for probation.

William L. Ogata, the appellant, is a twenty-three year old Vietnam veteran. During the last two months of a fourteen month tour of duty…