STATE v. ERNEST

No. 38398.

198 N.W.2d 335 (1972)

188 Neb. 648

STATE of Nebraska, Appellee, v. Jack Lee ERNEST, Appellant.

Supreme Court of Nebraska.

June 16, 1972.


Attorney(s) appearing for the Case

Jack Lee Ernest, pro se.

Clarence A. H. Meyer, Atty. Gen., Ralph H. Gillan, Asst. Atty. Gen., Lincoln, for appellee.

Heard before SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.


McCOWN, Justice.

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...

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