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[T] State v. Ealy6/25/2003
e presentence investigator recommended incarceration; to hold Ealy accountable; and the sentence was the best means to provide Ealy with the maximum opportunity for rehabilitation and to protect the public.
The presentence investigation report confirms Ealy's extensive prior criminal record including two prior drunk driving convictions in the past three years and prior convictions for driving while suspended and while barred. In addition, Ealy had previously been incarcerated in 1993 for third degree burglary and in 1995 for escape of a felon. He had also been convicted in 1992 for felony forgery and had four previous convictions for theft. Furthermore, Ealy's prior performance on both probation and parole had been poor. The probation granted on one of his prior OWI's had been revoked and his parole had been revoked less than a year after he was released following his incarceration for third-degree burglary. Moreover, it appeared that prior sentences of lesser severity had been without deterrent effect.
We conclude the record here confirms the propriety of the sentence imposed by the district court. The sentence imposed was not based on grounds or reasons that were clearly untenable or unreasonable. We find no abuse of discretion by the district court and affirm the sentence imposed.
AFFIRMED.
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