State v. Morgan

BURNETT, Judge.

This case presents an issue of procedural due process in sentencing. William Morgan stands convicted of grand theft. He contends that the sentence was based in part upon erroneous information which he did not have a full opportunity to rebut. For reasons expressed below, we vacate the sentence and remand the case.

Morgan’s crime consisted of stealing six aluminum planks from bleachers located at a baseball park in Lewiston. After pleading guilty he remained free on bond awaiting sentence. At the sentencing hearing, the district judge reviewed the presentence report, made some…