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STATE v. LEIGHTY

No. 281-3.

5 Wn. App. 30 (1971)

485 P.2d 91

THE STATE OF WASHINGTON, Respondent, v. MATTHEW EDWARD LEIGHTY, Appellant.

The Court of Appeals of Washington, Division Three.

May 20, 1971.

Attorney(s) appearing for the Case

Eugene G. Schuster (of Critchlow, Williams, Ryals & Schuster), for appellant (appointed counsel for appeal).

Herbert E. Davis, Prosecuting Attorney, for respondent.

MUNSON, C.J.

In December of 1963 defendant Matthew Edward Leighty pled guilty to the crime of second-degree burglary. The trial court granted him a deferred sentence upon certain conditions, one being he serve a 3-year probationary period. In March 1966, after a hearing, defendant's probation and order of deferred sentence was revoked. Upon a writ of habeas corpus the Supreme Court overturned the revocation, ostensibly because of Mempa v. Rhay,

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