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January 15, 2013
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Man sentenced for attempted burglary

A Carson City man originally arrested in March was sentenced Monday morning to five years of probation after he pleaded guilty in November to attempted burglary. The probation is part of a suspended sentence, for a year to three years in the Nevada prison system.

Kenneth Cummings, 44, was arrested on March 27 after he fraudulently gained store credit at Big 5 Sporting Goods and then attempted to use it.

The prosecution argued if the court were to give Cummings probation, it should be cautious about which liberties it allows.

"It should be a relatively short leash," the prosecutor said.

The defense noted Cummings has a criminal history but that he has an 8-month-old baby and wife in West Virginia.

His defense attorney also noted Cummings turned himself in on a contempt-of-court warrant and a criminal-contempt warrant.

"I would like to apologize first for my activities, for what I've done," Cummings said, adding "this is my first child ever. I lost my first wife to cancer. I'm really willing to be a father to my new kid."

District Court Judge James Russell said he thought Cummings' actions were not of the highest caliber.

"I think your conduct was not very bright," Russell said to Cummings.

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The Nevada Appeal Updated Jan 15, 2013 02:05AM Published Jan 15, 2013 02:04AM Copyright 2013 The Nevada Appeal. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.