State v. Ernest

Nebraska Supreme Court

State v. Ernest

198 N.W.2d 335, 188 Neb. 648, 1972 Neb. LEXIS 883

CourtNebraska Supreme Court

DecidedJune 16, 1972

Docket38398

StatusPublished

Cited by1 cases

This text of 198 N.W.2d 335 (State v. Ernest) 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. Ernest, 198 N.W.2d 335, 188 Neb. 648, 1972 Neb. LEXIS 883 (Neb. 1972).

Pincite

Opinion

McCown, J.

The defendant pleaded nolo contendere to a charge of receiving stolen goods. He was found guilty and sentenced to a term of 5 years in the Nebraska Penal and Correctional Complex. The only issue on appeal is his claim that the sentence was excessive.

There is no factual dispute. The record affirmatively discloses that as a part of a plea bargain, an habitual criminal charge against the defendant was dismissed. The sentence authorized by statute for the crime of receiving stolen property is 1 to 7 years. The minimum term on an habitual criminal count is 10 years. There is no presentence investigation report in the record.

A sentence imposed within statutory limits will not ordinarily be disturbed in the absence of an abuse of judicial discretion. State v. Meloy, ante p. 98, 195 N. W. 2d 173. There was no abuse of discretion on the part of the trial court here.

Affirmed.

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