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STATE v. DeVAN

No. 55797.

205 N.W.2d 699 (1973)

STATE of Iowa, Appellee, v. Jerry Gerald DeVAN, Appellant.

Supreme Court of Iowa.

March 28, 1973.

Attorney(s) appearing for the Case

Nicholas M. Norden and Gordon E. Allen, Des Moines, for appellant.

Richard C. Turner, Atty. Gen., Raymond Sullins, Asst. Atty. Gen., and Ray Fenton, County Atty., for appellee.

Submitted to MOORE, C. J., and MASON, LeGRAND, UHLENHOPP and HARRIS, JJ.

PER CURIAM:

Defendant, Jerry Gerald DeVan, was charged, tried, convicted and sentenced to a term not to exceed ten years in the men's penitentiary for breaking and entering in violation of Code section 708.8. He appeals contending the trial court abused its discretion by imposing overly severe punishment and refusing to grant probation.

In considering a like contention in State v. Carncross, Iowa, 215 N.W.2d 698...

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