State v. Monick

OPINION

OGG, Chief Judge:

On June 21, 1979, appellant Monick pled guilty to one count of third degree burglary, a class 5 felony, and one count of theft, a class 3 felony, arising out of a burglary of Montgomery Ward’s department store. In exchange for the plea, the state agreed to dismiss a third count of criminal damage and an unrelated charge of theft of a motorcycle. 1

Because of appellant’s youth (he was 21 years old at the time of sentencing), and the fact that he had no prior convictions, the trial court determined that probation was warranted. On July 30, 1979, the imposition of sentence…