State v. Barker

The defendant appeals from a sentence of 3 years’ imprisonment after conviction upon his plea of guilty to malicious destruction of property. The assignments of error allege that the sentence was excessive.

The record shows that following the arraignment, the matter was continued for pre-sentence investigation. The pre-sentence report does not appear in the record. The record does indicate that other charges pending against the defendant were dismissed as a result of the defendant’s plea of guilty to the charge of malicious destruction of property.

The sentence imposed in this state was within…