State v. Birky

SWANSTROM, Judge.

Jesse Stephen Birky was sentenced to an aggregate four years in the custody of the Board of Correction, with a minimum term of nine months, after pleading guilty to second-degree burglary. I.C. §§ 18-1401, - 1402, -1404. The court ordered the sentence to be served concurrently with an identical sentence which had been imposed on Birky in another case and which he was already serving. On appeal from the judgment of conviction and sentence, Birky contends that the court abused its discretion by not fully considering his difficult childhood and learning disabilities and by…