STATE v. WANT

No. 42623.

280 N.W.2d 83 (1979)

203 Neb. 789

STATE of Nebraska, Appellee, v. Douglas A. WANT, Appellant.

Supreme Court of Nebraska.

June 19, 1979.


Attorney(s) appearing for the Case

William H. Grant, Columbus, for appellant.

Paul L. Douglas, Atty. Gen. and Chauncey C. Sheldon, Asst. Atty. Gen., for appellee.


PER CURIAM.

The defendant pleaded guilty to a charge of delivering and distributing marijuana and was sentenced to imprisonment for not less than 2 years and not more than 5 years. The applicable statutory penalty was not less than 1 year nor more than 5 years imprisonment.

On appeal the defendant contends, and the State concedes, that where an indeterminate sentence is pronounced, section 83-1,105(1), R.R.S.1943, requires that "the minimum limit fixed by...

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