People v. KINISTON

Opinion by

Judge TERRY.

Defendant, Brian Neil Kiniston, appeals the sentence imposed on his conviction for felony theft. He pled guilty to theft in this case in March 2007, and received a deferred judgment and sentence. At the time of his plea, defendant did not have any prior felony convictions. Based on his later eriminal conduct, his deferred judgment and sentence were revoked, and he was sentenced in September 2009.

After defendant's guilty plea in this case, but before revocation of his deferred judgment and sentence, he was convicted of two additional felonies. Applying section…