Lee v. State

This is an appeal from a judgment denying apellant’s petition to correct an allegedly erroneous sentence of appellant by the lower court, appellant’s petition being filed pursuant to Rule 2-40 B of this court. 1

Appellant was convicted in 1954 of second degree burglary, and being a male person 17 years of age was sentenced under the minor’s statute for a term of 1 to 10 years instead of the 2 to 5 year term provided for second degree burglary. Appellant contends he should have been sentenced under the burglary statute for 2 to 5 years rather than to 1 to 10 years under the minor’s statute.

To…