STATE v. FITZGERALD

No. 40510.

243 N.W.2d 68 (1976)

196 Neb. 380

STATE of Nebraska, Appellee, v. Joseph FITZGERALD, Appellant.

Supreme Court of Nebraska.

June 16, 1976.


Attorney(s) appearing for the Case

T. Clement Gaughan, Public Defender, Paul M. Conley, Deputy Public Defender, Lincoln, for appellant.

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

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


CLINTON, Justice.

Defendant pled guilty to a charge of burglary and was sentenced to a term of 2 to 4 years in the Nebraska Penal and Correctional Complex with credit being given for time spent in the county jail while awaiting trial.

On this appeal it is claimed that he should have been placed on probation and that in any event the sentence imposed is excessive.

Defendant is age 19. At an early age he was abandoned by his parents. He lived mostly...

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