State v. Burrows

Brazil, C.J.:

Galen J. Burrows appeals from the sentencing court’s order of incarceration, claiming abuse of discretion when the sentencing court ruled that the presumption of probation was lost because defendant committed his current offenses while under custody supervision, as an escapee, for a felony offense. We dismiss the appeal.

Burrows pled guilty to three counts of burglary, severity level 9 nonperson felonies. The district court accepted the plea and ordered a presentence investigation report.

At sentencing, the parties agreed on the criminal history of E. The court noted and the…