State v. Abram

Nebraska Supreme Court

State v. Abram

237 N.W.2d 153, 195 Neb. 199, 1976 Neb. LEXIS 892

CourtNebraska Supreme Court

DecidedJanuary 8, 1976

DocketNo. 40196

StatusPublished

Cited by1 cases

This text of 237 N.W.2d 153 (State v. Abram) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook

State v. Abram, 237 N.W.2d 153, 195 Neb. 199, 1976 Neb. LEXIS 892 (Neb. 1976).

Pincite

Opinion

Clinton, J.

Defendant pled guilty to a charge of robbery and was sentenced to the Nebraska Penal and Correctional complex for a term of 3 years, the minimum statutory sentence for the crime of robbery. § 28-414, R. R. S. 1943. On this appeal he argues he should have been sentenced to a term of probation instead of imprisonment. His position is founded upon his age, his employment history, and the claimed absence of a significant prior criminal record.

At the time of sentencing the defendant was almost 18 years of age. He was employed at that time and apparently had been a considerable part of the time since dropping out of high school in the 10th grade. His prior criminal record was a conviction as a juvenile for carrying a concealed weapon in 1971. For that offense he received a 6-month sentence of probation. We note that the carrying of a concealed weapon is a felony. § 28-1001, R. R. S. 1943. Whether the instant robbery was accomplished by the means of a weapon is uncertain. Defendant at least led the person he robbed to believe that he had a weapon.

[200]*200We cannot say that the trial court abused its discretion in imposing the minimum sentence.

Affirmed.

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Clinton, J.

Defendant pled guilty to a charge of robbery and was sentenced to the Nebraska Penal and Correctional complex for a term of 3 years, the minimum statutory sentence for the crime of robbery. § 28-414, R. R. S. 1943. On this appeal he argues he should have been sentenced to a term of probation instead of imprisonment. His position is founded upon his age, his employment history, and the claimed absence of a significant prior criminal record.

At the time of sentencing the defendant was almost 18 years of age. He was employed at that time and apparently had been a considerable part of the time since dropping out of high school in the 10th grade. His prior criminal record was a conviction as a juvenile for carrying a concealed weapon in 1971. For that offense he received a 6-month sentence of probation. We note that the carrying of a concealed weapon is a felony. § 28-1001, R. R. S. 1943. Whether the instant robbery was accomplished by the means of a weapon is uncertain. Defendant at least led the person he robbed to believe that he had a weapon.

[200]*200We cannot say that the trial court abused its discretion in imposing the minimum sentence.

Affirmed.

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Bluebook (online)

237 N.W.2d 153, 195 Neb. 199, 1976 Neb. LEXIS 892, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-abram-neb-1976.

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