State v. Volner

CLEMENS, Presiding Judge.

Defendant Danny Volner, charged with second degree burglary as a prior felon,1 *782was found guilty by a jury and sentenced by the court to ten years’ imprisonment. Defendant appeals, conceding his guilt, but contending the court erred in assessing the ten-year penalty “because the court would have honored the plea bargain in which the prosecution recommended five and one-half years” and the sentence imposed “is in effect a punishment for his exercise of his constitutional right to a trial . . . .” The assertion as to what sentence the court would have imposed on a plea…