State v. Choate

DOWD, Presiding Judge.

Danny Ray Choate pleaded guilty on June 3rd, 1974, to Second Degree Burglary and Stealing, pursuant to a plea bargaining agreement with the prosecutor. Upon accepting the plea, however, the court rejected the prosecutor’s recommended sentence of four years with suspended execution of sentence and credit for time served. Rather, the judge suspended imposition of sentence and placed the appellant on four years probation.

Approximately one year after the sentencing hearing, the appellant was convicted and sentenced on two charges unrelated to the original burglary charge.…