People v. Pavone

The defendant pled guüty to burglary and theft and applied for probation. The court, after a hearing, denied probation and sentenced the defendant to one to three years’ imprisonment. On appeal, the defendant contends: (1) that, at the hearing on his petition for probation, the trial court improperly considered evidence of misconduct which had not resulted in a conviction; and (2) that the sentence imposed is excessive. We disagree with these contentions, and therefore affirm the judgment based on the conviction for burglary but reverse and vacate the conviction of theft.

The defendant was…