State v. Davis

Jerry Davis appeals an order revoking his probation and imposing judgment and sentence. The issues presented are whether (1) the court abused its discretion in changing its decision not to revoke Mr. Davis' probation and sentencing him to the Department of Corrections, and (2) the prosecutor breached the plea agreement and thus Mr. Davis should be placed on probation. We affirm.

In May 1983 Mr. Davis was charged in Franklin County with second degree burglary. On June 28 he pleaded guilty and received a deferred sentence, conditioned upon serving 1 year in the county jail, which was suspended…