STATE v. TETEN

No. 39604.

224 N.W.2d 541 (1974)

192 Neb. 800

STATE of Nebraska, Appellee, v. John TETEN, Appellant.

Supreme Court of Nebraska.

December 26, 1974.


Attorney(s) appearing for the Case

John F. Steinheider, Hoch & Steinheider, Nebraska City, for appellant.

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

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


NEWTON, Justice.

Following a trial to the court on a charge of unlawful possession and delivery of a controlled substance, to-wit: L.S.D., defendant was found guilty and sentenced to serve 1 to 3 years in the Nebraska Penal and Correctional Complex. On appeal he asserts the sentence is excessive.

It has long been the rule that a sentence imposed within statutory limits will not be disturbed on appeal in the absence of an abuse of discretion. See State v. Harig...

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