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STATE v. PERALES

No. 44292.

313 N.W.2d 659 (1981)

210 Neb. 224

STATE of Nebraska, Appellee, v. Lucas PERALES, Appellant.

Supreme Court of Nebraska.

December 18, 1981.

Attorney(s) appearing for the Case

James T. Hansen and Jonathan Pratter, Gering, for appellant.

No appearance for appellee State.

Submitted without oral argument. KRIVOSHA, C. J., and BOSLAUGH, McCOWN, CLINTON, BRODKEY, WHITE, and HASTINGS, JJ.

McCOWN, Justice.

The defendant was convicted by a jury on a charge of possession with intent to distribute marijuana and sentenced to not less than 2 years' nor more than 4 years' imprisonment. The sole issue on appeal is whether or not the sentence was excessive.

The defendant was 49 years old at the time of the offense on October 22, 1980. He was single and lived by himself in a small two-room house on the rear...

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