State v. White

Nebraska Supreme Court

State v. White

225 N.W.2d 426, 193 Neb. 93, 1975 Neb. LEXIS 930

CourtNebraska Supreme Court

DecidedJanuary 30, 1975

Docket39753

StatusPublished

Cited by10 cases

This text of 225 N.W.2d 426 (State v. White) 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. White, 225 N.W.2d 426, 193 Neb. 93, 1975 Neb. LEXIS 930 (Neb. 1975).

Pincite

Opinion

Boslaugh, J.

On January 10, 1972, the defendant was placed on probation for 2 years following a plea of guilty to burglary. On January 11, 1974, a written notice of alleged violations of probation was served upon the defendant.

The defendant was charged with failing to report and with leaving the jurisdiction of the court without permission. On January 25, 1974, he pleaded guilty. He was sentenced to 3 years imprisonment on March 13, 1974. This sentence was to be served concurrently with a federal sentence imposed on February 14, 1974. The defendant contends the sentence imposed on March 13, 1974, was unlawful because the probation period expired January 10, 1974.

A proceeding to revoke probation may be instituted within the probationary period or within a reasonable time thereafter. See, Phoenix v. State, 162 Neb. 669, 77 N. W. 2d 237; State v. Holiday, 182 Neb. 229, 153 N. W. 2d 855. The proceeding here commenced on the day after the term had ended. The judgment of the District Court denying relief to the defendant was correct and is affirmed.

Affirmed.

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