STATE v. COUSINS

No. 43483.

302 N.W.2d 731 (1981)

208 Neb. 245

STATE of Nebraska, Appellee, v. Robert COUSINS, Appellant.

Supreme Court of Nebraska.

March 6, 1981.


Attorney(s) appearing for the Case

Scott P. Helvie, Sean J. Brennan, and Shelley K. Stall, Public Defenders of Lincoln County, North Platte, for appellant.

Paul L. Douglas, Atty. Gen., and Patrick T. O'Brien, Asst. Atty. Gen., Lincoln, for appellee.

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


WHITE, Justice.

This case involves the single question of whether a District Court is permitted to amend a valid sentence. The defendant was charged with and found guilty of violating Neb.Rev.Stat. § 28-912(1) and (5) (Reissue 1979), escaping while under arrest for a felony.

In passing sentence, the trial judge said as follows: "This sentence then shall be to the Nebraska Penal and Correctional Complex for a period of one year to eighteen months to be...

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