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STATE v. MOORE

No. 40747.

252 N.W.2d 617 (1977)

198 Neb. 317

STATE of Nebraska, Appellee, v. Gary Phillip MOORE, Appellant.

Supreme Court of Nebraska.

April 20, 1977.

Attorney(s) appearing for the Case

Frank B. Morrison, Public Defender, Bennett G. Hornstein, Asst. Public Defender, Richard Kitchen, Sp. Asst. Public Defender, Omaha, for appellant.

Paul L. Douglas, Atty. Gen., Paul W. Snyder, Asst. Atty. Gen., Lincoln, for appellee.

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

McCOWN, Justice.

The defendant pleaded guilty to a charge of uttering a forged instrument and was sentenced to 5 to 10 years imprisonment. The only issue on appeal is whether the sentence was excessive.

The check which forms the basis of the charge here was for $213.43 on the account of the Dominican High Athletic Club, drawn on the North Side Bank of Omaha. The defendant attempted to cash it on December 16, 1975. The presentence investigation report shows...

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