STATE v. PENN

No. 39364.

219 N.W.2d 445 (1974)

192 Neb. 156

STATE of Nebraska, Appellee, v. John L. PENN, Appellant.

Supreme Court of Nebraska.

June 20, 1974.


Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Richard L. Goos, Chief Deputy Public Defender, Lincoln, for appellant.

Clarence A. H. Meyer, Atty. Gen., Terry R. Schaaf, Sp. Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON, and BRODKEY, JJ.


BOSLAUGH, Justice.

The defendant pleaded guilty to unlawful possession of marijuana weighing 1 pound or less and was fined $300. He appeals, contending the sentence was excessive.

The statute provides for a fine of not more than $500 or imprisonment in the county jail for not more than 7 days or both. S. 28-4,125(4), R.S.Supp., 1973. The sentence was well within the statutory limit.

Although the defendant has no prior criminal record, the presentence...

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