People v. Stroup

Defendant appeals from his conviction, upon a plea of guilty to the offense of theft, urging that the court erred in denying probation and in imposing a sentence of two (2) to four (4) years in the penitentiary.

The theory of defendant is that the sentence was excessive in view of the sentences imposed upon his co-defendants and in view of the age and previous record of this defendant. Reduction in sentence is sought. The State responds that in view of the role played by the defendant in the theft, his past record, and the fact that the sentence was within prescribed limits, the sentence…