State v. Happy

Defendant appeals his sentence for second-degree murder. He assigns error to (1) the tried court's alleged failure to afford him an opportunity to speak on his own behalf before it imposed sentence; and (2) the court's decision to sentence him to prison instead of ordering probation.

The murder charge arose out of events taking place on July 4, 1977. In his June 1978 statement on plea of guilty, defendant admitted that he had assisted Sue Miller in the murder of Myrtle Boston by driving Miss Miller to the victim's house with knowledge of the act of violence she intended to commit. However,…