For want of a decent alarm clock, a 21-year-old Waco man who thought he might get felony probation landed in prison for 20 years after he told a judge he missed court because he overslept.

Alton Young pleaded guilty Nov. 24, 2009, to burglary of a habitation, and 54th State District Judge Matt Johnson ordered him to return to court Jan. 21 for sentencing.

Prosecutors recommended that Young be placed on felony probation for eight years and fined $500.

Alton Young pleaded guilty Nov. 24 to burglary of a habitation.

The plea deal also included the dismissal of two other burglary of a habitation charges if Young fulfilled his promise to help authorities recover some of the loot he stole in the three home burglaries.

Johnson warned Young that if he failed to show up for sentencing, his plea bargain was off and his guilty plea essentially would turn into an open plea to the court, with the possibility of a maximum 20-year sentence.

With Young apparently still in bed, the judge issued a warrant for his arrest Jan. 21.

Young’s failure to appear didn’t help matters, but Johnson said he already had decided to reject the plea bargain for probation in Young’s case based upon what he read in a presentence report from probation officers.

Those reports are not public, but officials said Young’s included allegations that he was uncooperative and also failed to help officers retrieve valuable, sentimental stolen jewelry, which Young pledged to do.

When a judge rejects a plea agreement, a defendant has the right to withdraw a guilty plea and start over.

That is, unless he fails to appear for his court date, which is what Young did.

In that case, a judge is not bound to follow the recommendations in the plea agreement as long as he stays within the statutory limits.

Johnson asked Young Wednesday morning why he didn’t show up for sentencing. He said he overslept.

“Where have you been since then?” the judge asked.

“I turned myself in. I have been in jail,” Young said, adding that he has been in jail a few weeks.

Court records show Young surrendered himself at the county jail on Feb. 8.

Previous record

They also show that Young pleaded guilty in a June 2007 burglary of a home on Haden Drive in which jewelry, tools, a video camera, a DVD player and other items were stolen.

Prosecutors dismissed two burglary charges against Young in which they say he stole a DVD player, a laptop computer, a guitar and a stereo from an apartment on West Lake Shore Drive in May 2007, and one the next month in which shoes, clothes, a DVD player, and video game systems and games were stolen.

Court officials said Young will be eligible for parole when he is credited with serving five years in prison.

twitherspoon@wacotrib.com

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