STATE v. CAREY

No. 41286.

258 N.W.2d 141 (1977)

199 Neb. 288

STATE of Nebraska, Appellee, v. Walter A. CAREY, Appellant.

Supreme Court of Nebraska.

October 12, 1977.


Attorney(s) appearing for the Case

Padley & Dudden, P. C., Ogallala, 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.


McCOWN, Justice.

The defendant, William Anthony Carey, pleaded guilty to a charge of unlawful possession of marijuana with intent to distribute. The District Court imposed a sentence of not less than 1 year nor more than 2 years imprisonment and a fine of $2,000. In this appeal the defendant contends that the sentence was excessive; that it was based upon erroneous information in the presentence report; and that he was therefore denied due process.

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