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STATE v. COHEN

No. 40520.

243 N.W.2d 782 (1976)

196 Neb. 523

STATE of Nebraska, Appellee, v. Robert J. COHEN, Appellant.

Supreme Court of Nebraska.

July 14, 1976.

Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, George R. Sornberger, Deputy Public Defender, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., Marilyn B. Hutchinson, Asst. Atty. Gen., Lincoln, for appellee.

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

McCOWN, Justice.

Defendant pleaded guilty to a felony charge of second offense petit larceny and was sentenced to 1 year imprisonment. The only issue on appeal is whether or not the sentence was excessive.

The statutory penalty for petit larceny second offense is imprisonment for not less than 1 year nor more than 2 years. See § 28-512, R.S.Supp., 1974. The only alternative disposition is probation. Although...

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