STATE v. McKAY

No. 83-894.

346 N.W.2d 423 (1984)

216 Neb. 934

STATE of Nebraska, Appellee, v. Phillip J. McKAY, Appellant.

Supreme Court of Nebraska.

March 30, 1984.


Attorney(s) appearing for the Case

Don J. Sixta of Krafta & Sixta, P.C., Fremont, for appellant.

No appearance for appellee.

KRIVOSHA, C.J., and BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN and GRANT, JJ.


PER CURIAM.

Defendant was sentenced to a term of 2 to 4 years in the Nebraska Penal and Correctional Complex on burglary charges.

He appeals and assigns as error only the excessiveness of the sentence. After a review of the record we agree. Defendant was 21 years old with no previous felony convictions and a minor juvenile record. His codefendant was 19 years old with no previous felony convictions and a worse juvenile record than the defendant. The codefendant...

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