STATE v. MORGAN

No. 15552.

712 P.2d 741 (1985)

109 Idaho 1040

STATE of Idaho, Plaintiff-Respondent, v. William L. MORGAN, II, Defendant-Appellant.

Court of Appeals of Idaho.

December 31, 1985.


Attorney(s) appearing for the Case

Thomas W. Callery, Lewiston, for defendant-appellant.

Jim Jones, Atty. Gen. by Lynn E. Thomas, Sol. Gen., and Myrna A.I. Stahman, Deputy Atty. Gen., Boise, for plaintiff-respondent.


BURNETT, Judge.

This case presents an issue of procedural due process in sentencing. William Morgan stands convicted of grand theft. He contends that the sentence was based in part upon erroneous information which he did not have a full opportunity to rebut. For reasons expressed below, we vacate the sentence and remand the case.

Morgan's crime consisted of stealing six aluminum planks from bleachers located at a baseball park in Lewiston. After pleading guilty...

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