State v. Martinez

The issue presented by these consolidated appeals is whether a defendant may appeal the excessiveness of a sentence ordered into effect following the revocation of his probation when the trial court order imposed the sentence at the time defendant was convicted, but suspended its execution and placed the defendant on probation.

Defendant was tried and convicted of first-degree theft in February, 1976. At that time the trial court sentenced him to 5 years’ imprisonment, but suspended execution of sentence and placed him on probation for five years. In May, 1976, defendant pleaded guilty to a…