Castillo v. Kincheloe

The State appeals the trial court's vacation of Roberto Juarez Castillo's habitual criminal status. We reverse.

On February 24, 1976, a jury found Roberto Castillo guilty of the crime of grand larceny. Mr. Castillo's attorney requested the preparation of a presentence report, but the court refused, concluding probation was not available as a sentence alternative because of the revocation of Mr. Castillo's previous parole status.

On September 8, 1977, Mr. Castillo pleaded guilty to the crime of forgery. Subsequently, Mr. Castillo was tried and found to be a habitual criminal, which resulted in a…