State v. Daniels

GREENE, Presiding Judge.

Defendant, Steven Gail Daniels, was jury-convicted of second degree burglary. The jury recommended a sentence of 90 days in the county jail. The trial judge disregarded the jury’s recommendation as to sentence, and assessed defendant’s punishment at 12 years’ imprisonment, under authority given the trial court by the Second Offender Act. Evidence adduced at the pre-sentence hearing showed that defendant had been convicted, on two prior occasions, of the crimes of second degree burglary. This appeal followed.

Defendant does not question the sufficiency of the evidence to…