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STATE v. FLAHERTY

No. 39673.

226 N.W.2d 631 (1975)

193 Neb. 275

STATE of Nebraska, Appellee, v. Jon FLAHERTY, Appellant.

Supreme Court of Nebraska.

March 6, 1975.

Attorney(s) appearing for the Case

Richard P. Garden, Norfolk, for appellant.

Paul L. Douglas, Atty. Gen., Bernard L. Packett, Asst. Atty. Gen., Omaha, for appellee.

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

McCOWN, Justice.

The defendant pleaded guilty to a charge of delivery of a controlled substance, first offense, and was sentenced to 5 years imprisonment. The sole issue on this appeal is whether or not the sentence is excessive.

The defendant was initially charged with delivery of a controlled substance (LSD), second offense. Pursuant to the terms of a plea bargain the information was amended to charge only a first offense. The defendant pleaded guilty to...

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