State v. Baldwin

Defendant appeals the sentence imposed by the Sweet Grass County District Court following his conviction of aggravated assault. A jury trial was held on March 10, 1980. The court sentenced defendant on March 17, 1980, to fifteen years imprison ment with five years suspended. He raises two issues challenging the legality of his sentence.

First, defendant contends that the trial court erred in considering for sentencing purposes, the facts underlying a prior charge of aggravated assault of which defendant was acquitted. Second, defendant asserts that he received an increased sentence because he…