STATE v. PHILLIPS

No. 40824.

248 N.W.2d 773 (1977)

197 Neb. 343

STATE of Nebraska, Appellee, v. Alfred K. PHILLIPS, Appellant.

Supreme Court of Nebraska.

January 5, 1977.


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., and SPENCER, BOSLAUGH, McCOWN, NEWTON, CLINTON and BRODKEY, JJ.


BOSLAUGH, Justice.

The defendant pleaded guilty to third offense driving while under the influence of intoxicating liquor and was sentenced to 3 years imprisonment. A second charge of second offense driving on a suspended license was dismissed pursuant to a plea bargain. The defendant has appealed and contends the sentence imposed was excessive.

The defendant is 36 years of age. He is single and has an 8th grade education. He has a long history of difficulty...

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