STATE v. McMULLEN

No. 40375.

240 N.W.2d 844 (1976)

195 Neb. 796

STATE of Nebraska, Appellee, v. Donald L. McMULLEN, Appellant.

Supreme Court of Nebraska.

April 14, 1976.


Attorney(s) appearing for the Case

Gwyer Grimminger, Grand Island, for appellant.

Paul L. Douglas, Atty. Gen., Patrick T. O'Brien, Asst. Atty. Gen., Lincoln, for appellee.

Heard before WHITE, C. J., BOSLAUGH, McCOWN, and CLINTON, JJ., and KUNS, Retired District Judge.


WHITE, Chief Justice.

The defendant pled guilty to embezzlement in violation of section 28-538, R.R.S.1943. After considering the presentence investigation report, the District Court sentenced the defendant to a term of 7 years in the Nebraska Penal and Correctional Complex. The defendant's sole contention on appeal is that the sentence is excessive. We affirm the judgment and sentence of the District Court.

The sentence imposed, although the maximum, was...

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