Tritt v. State

OPINION

BRYNER, Chief Judge.

This is an appeal brought by Joseph John Tritt from a three-year term of imprisonment imposed after revocation of his probation on a three-year suspended sentence for maliciously damaging an aircraft. 1 Tritt argues that the sentence imposed violates his double jeopardy rights 2 and, alternatively, that it is excessive.

I

THE FACTS

In 1976, Tritt, then eighteen years old, became intoxicated and stabbed another person, inflicting near-fatal injuries. Upon conviction in early 1977 of assault with a dangerous weapon (ADW), imposition of Tritt’s sentence was suspended, and…