State v. Swift

Nebraska Supreme Court

State v. Swift

213 N.W.2d 736, 191 Neb. 38, 1973 Neb. LEXIS 618

CourtNebraska Supreme Court

DecidedDecember 21, 1973

DocketNo. 39130

StatusPublished

This text of 213 N.W.2d 736 (State v. Swift) 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. Swift, 213 N.W.2d 736, 191 Neb. 38, 1973 Neb. LEXIS 618 (Neb. 1973).

Pincite

Opinion

Clinton, J.

The defendant was charged with the felony offense of robbery. He pled guilty and was sentenced to 8 to 12 years in the Nebraska Penal and Correctional Complex. He appeals. The issue here isi whether the sentence is excessive.

A brief résumé of the circumstances of the offense is pertinent. The defendant and a companion forced their way into a residence in the city of Lincoln. The companion was armed and the statements of witnesses indicated that the defendant was too, although he denied it. The family was bound and the home ransacked. A small amount of money and some rings were taken.

The defendant is now 24 years old. He has three prior felony convictions and has been incarcerated a great deal of the time since age 16.

We cannot say the trial court abused its discretion. See State v. Arp, 188 Neb. 493, 197 N. W. 2d 703.

Affirmed.

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