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STATE v. JENNINGS

No. 56500.

219 N.W.2d 1 (1974)

STATE of Iowa, Appellee, v. Michael P. JENNINGS, Appellant.

Supreme Court of Iowa.

May 22, 1974.

Attorney(s) appearing for the Case

Dennis E. Roberson, Maquoketa, for appellant.

Richard C. Turner, Atty. Gen., David E. Linquist, Asst. Atty. Gen., and Thomas F. Peckosh, County Atty., for appellee.

Submitted to MOORE, C.J., and MASON, RAWLINGS, REYNOLDSON, and HARRIS, JJ.

PER CURIAM:

Defendant appeals judgment entered on his plea of guilty of breaking and entering. The sole question presented is whether the trial court abused its discretion in sentencing defendant to a term not to exceed ten years in the state reformatory, the maximum under the applicable statute, Code section 708.8.

In State v. DeVan, Iowa, 1973, 205 N.W.2d 699, 700, we recognized the following legal principles:

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