People v. Colley

Opinion

HANSON (Thaxton), J.

Ronald Walker Colley was sentenced to state prison after the probation previously granted him had been revoked. He appeals contending, in essence, that the trial court erred by fixing his sentence at the upper four-year term.

We set forth the procedural history of the case since it concededly played a role in the sentencing court’s decision. Appellant was originally convicted by plea of first degree burglary (Pen. Code, §§ 459, 460) on December 6, 1977. Proceedings were suspended and probation was granted upon certain terms and conditions including, inter alia, the…