State v. Niemczyk

OPINION

FORSBERG, Judge.

This appeal is from a stayed sentence for attempted burglary. The trial court stayed the imposition of sentence and placed appellant James Niemczyk on probation for five years and required him to serve 60 days in the county jail as a condition of probation. We affirm in part and remand in part.

FACTS

Niemczyk was charged with attempted burglary and possession of a burglary tool. After withdrawing a guilty plea, he went to trial and was convicted of the attempted burglary charge, the other count having been dismissed.

Appellant was involved in a burglary attempt at a home…