Benson v. State

FINCH, Judge.

This is an appeal from the denial of post conviction relief under Rule 27.26 1 wherein appellant sought to have vacated the ten-year sentence entered following his plea of guilty to a charge of murder in the second degree. Notice of appeal was filed December 27, 1971, vesting jurisdiction in this court. We affirm.

The single issue to be resolved on appeal is whether the trial court, in denying probation and sentencing appellant to imprisonment, unlawfully delegated its judicial discretion to the parole officer.2

Originally, appellant was indicted on a charge of murder' in the first…