531 P.2d 1302 | Utah | 1975
On the 26th day of November, 1973, the defendant was charged with the theft of an automobile, a felony of the second degree. Defendant was arrested on June 11, 1974, and booked in the county jail. Defendant, being unable to secure bail, remained in jail until August 30, 1974.
After a plea-bargaining session between the prosecutor and defense counsel, defendant was permitted to enter a plea of guilty to a lesser included offense of a Class A misdemeanor. Defendant waived time for the pronouncement of sentence and the court sentenced him to be incarcer
Defendant relies upon the ruling of the United States Supreme Court in the case of North Carolina v. Pearce.
In the case before us it appears that the judge of the district court who pronounced judgment was aware of the fact that the defendant had been in jail awaiting trial from June 11, 1974, until August 30, 1974. The judge was also aware of defendant’s background and prior convictions. We are of the opinion that the sentence pronounced was within the sound discretion of the court and the court did not abuse its discretion in pronouncing the sentence that it did.
. 395 U.S. 711, 89 S.Ct. 2072, 23 L.Ed.2d 656.
. State v. Jaramillo, 25 Utah 2d 328, 481 P.2d 394.