State v. Chapman

Nebraska Supreme Court

State v. Chapman

250 N.W.2d 248, 197 Neb. 628, 1977 Neb. LEXIS 1066

CourtNebraska Supreme Court

DecidedFebruary 9, 1977

DocketNo. 40926

StatusPublished

This text of 250 N.W.2d 248 (State v. Chapman) 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. Chapman, 250 N.W.2d 248, 197 Neb. 628, 1977 Neb. LEXIS 1066 (Neb. 1977).

Pincite

Opinion

Newton, J.

Defendant was charged with a third offense of driving while intoxicated. A plea of guilty was entered [629]*629and the defendant thereupon sentenced to a term of 18 months to 3 years. The sole issue presented on appeal is the charge that the sentence is excessive. The sentence is modified to comply with the requirements of section 83-1,105, R. S. Supp., 1976, and State v. Suggett, 189 Neb. 714, 204 N. W. 2d 793.

Section 39-669.07, R. R. S. 1943, provides a penalty of 1 to 3 years for the offense of which defendant was convicted. The minimum sentence of 18 months imposed exceeds one-third of the statutory maximum and the sentence will be reduced to 1 to 3 years. The defendant has a lengthy record of misdemeanor and felony convictions and the sentence does not otherwise present an abuse of discretion.

The judgment of the District Court will be affirmed as modified.

Affirmed as modified.

Free access — add to your briefcase to read the full text and ask questions with AI