Phillips v. State

DONALDSON, Chief Justice.

This is an appeal from a post-conviction relief proceeding. On the night of New Year’s Eve, January 1, 1983, petitioner, Phillips broke into the Iron Skillet Cafe in Weiser, Idaho. He stole a small amount of goods along with the money on hand, a two-dollar bill. He was arrested and charged with first degree burglary to which he pled guilty. A pre-sentence report was ordered which indicated that Phillips had been involved in seven burglaries and had served time in a correctional institution in Oregon.

On April 4, 1983, a sentencing hearing was held during which…