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STATE v. SCOTT

No. 39401.

219 N.W.2d 445 (1974)

192 Neb. 156

STATE of Nebraska, Appellee, v. Maurice Lynn SCOTT, 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., Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

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

NEWTON, Justice.

In this case defendant was charged with first degree arson. Following plea bargaining the charge was reduced to second degree arson and a plea of guilty entered. A sentence of not less than 1 year nor more than 2 years was imposed. On appeal defendant asserts the sentence is excessive.

Section 28-504.02, R.R.S.1943, fixes the penalty for second degree arson at 1 to 10 years. The defendant was 17 years of age. He had previously been found guilty...

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