State v. Simtob

delivered the Opinion of the Court.-

Defendant Solomon Simtob, age 21, plead guilty to a charge of criminal possession of dangerous drugs (section 54-133, R.C.M.1947) in the district court of Lewis and Clark County. Following a presentence hearing, he was sentenced to a term of 3 years imprisonment in the state prison. Defendant appeals only from the sentence imposed.

There are two controlling issues upon this appeal: (1) whether an appeal may be taken from the sentence itself, and (2) whether the prison sentence imposed here violates the statutory presumption that defendant is entitled to a…