State v. Dixon

Nebraska Supreme Court

State v. Dixon

181 N.W.2d 250, 186 Neb. 143, 1970 Neb. LEXIS 464

Nebraska Supreme Court·Decided November 20, 1970·No. No. 37615·Published·Cited by 2 cases

Opinion

Smith, J.

Defendant pleaded guilty to burglary. The court sentenced him to 5 years imprisonment to run consecu[144] tively to an 18-month sentence imposed 2 days earlier in another district for burglary. The court ordered incorporation of the presentence report into the record. On appeal, defendant, age 70, requests reduction of the sentence to run concurrently with the 18-month sentence.

This court may reduce the sentence when in its opinion the sentence is excessive. § 29-2308, R. R. S. 1943. We grant defendant’s request. The sentence is modified to provide that the 5-year sentence shall run concurrently with the 18-month sentence.

Affirmed as modified.

Carter, J., dissents.

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

Smith, J.

Defendant pleaded guilty to burglary. The court sentenced him to 5 years imprisonment to run consecu[144] tively to an 18-month sentence imposed 2 days earlier in another district for burglary. The court ordered incorporation of the presentence report into the record. On appeal, defendant, age 70, requests reduction of the sentence to run concurrently with the 18-month sentence.

This court may reduce the sentence when in its opinion the sentence is excessive. § 29-2308, R. R. S. 1943. We grant defendant’s request. The sentence is modified to provide that the 5-year sentence shall run concurrently with the 18-month sentence.

Affirmed as modified.

Carter, J., dissents.

State v. Dixon, 181 N.W.2d 250, 186 Neb. 143, 1970 Neb. LEXIS 464 (Neb. 1970).

Pincite

181 N.W.2d 250 (State v. Dixon) — published by Counsel Stack Legal Research, free access to 12M+ legal documents.

Opinion

Related