State v. Shay

Nebraska Supreme Court

State v. Shay

258 N.W.2d 821, 199 Neb. 348, 1977 Neb. LEXIS 807

CourtNebraska Supreme Court

DecidedOctober 26, 1977

DocketNo. 41478

StatusPublished

This text of 258 N.W.2d 821 (State v. Shay) 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. Shay, 258 N.W.2d 821, 199 Neb. 348, 1977 Neb. LEXIS 807 (Neb. 1977).

Pincite

Opinion

Spencer, J.

Defendant, Joseph L. Shay, Jr., as the result of a plea bargain pled guilty to the offense of attempted burglary. He prosecutes this appeal from a sentence of not less than 3 nor more than 9 years in the [349]*349Penal and Correctional Complex, alleging excessiveness of sentence. We affirm.

Defendant, who has a severe drinking problem, has a previous felony record. He has been convicted of burglary on three different occasions and has served time in the Penal Complex. An habitual criminal charge was dismissed pursuant to a plea bargain. The statutory penalty for the offense is 1 to 10 years. § 28-532.01, R. R. S. 1943. The penalty assessed is within the statutory limits and is not excessive on defendant’s record.

As we said in State v. McCurry, 198 Neb. 673, 254 N. W. 2d 698 (1977): “A sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion.”

There has been no abuse of discretion herein. The judgment is affirmed.

Affirmed.

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