Johnson v. State

ROONEY, Retired Justice.

After pleading guilty to burglary, appellant was sentenced to four to five years in the penitentiary with credit for time served subsequent to arrest and prior to sentencing, and with the sentence to run concurrently with any time received for violation of a previous probation.

In this appeal, appellant requests a remand for resentencing, contending that he was denied due process of law because the sentencing court improperly considered certain information in the presentence report.

We affirm.

With reference to presentence investigation, W.R.Cr.P. 33(c) provides:

“(1) When…