State v. Montgomery

The defendant was jointly indicted with one Galan Paul Clipston for the crime of burglary not in a dwelling. He entered a plea of guilty to the charge and was sentenced to the Oregon Correctional Institution for a period not to exceed three years. Prom the sentence imposed, the defendant appeals.

The burden of the defendant’s plea is that it would be more consistent with his ideas of justice and reformation if he were placed on probation by the trial court.

Probation, before or after sentence and before commitment, is a matter of grace which rests entirely within the sole discretion of the…