STATE v. LACY

No. 41121.

254 N.W.2d 83 (1977)

198 Neb. 567

STATE of Nebraska, Appellee, v. Earl Waldo LACY, Appellant.

Supreme Court of Nebraska.

May 25, 1977.


Attorney(s) appearing for the Case

Scott P. Helvie, Asst. Public Defender and Keith N. Bystrom, Public Defender of Lincoln County, North Platte, for appellant.

Paul L. Douglas, Atty. Gen., Steven C. Smith, Asst. Atty. Gen., Lincoln, for appellee.

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


C. THOMAS WHITE, Justice.

This is an appeal from a denial of post conviction relief. The defendant asserts: (1) That the trial court erred in considering the record of an arrest contained in the presentence report in sentencing the defendant; and (2) that the trial court violated the constitutional rights of the defendant by sentencing him to a term of 5 to 8 years imprisonment while sentencing an accomplice, who had plead guilty to the offense, to 3 years imprisonment...

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