STATE v. McPHERSON

No. 89-060.

453 N.W.2d 745 (1990)

235 Neb. 107

STATE of Nebraska, Appellee, v. Homer Ray McPHERSON, Appellant.

Supreme Court of Nebraska.

April 20, 1990.


Attorney(s) appearing for the Case

Stephen A. Scherr, of Whelan & Scherr, P.C., Hastings, for appellant.

Robert M. Spire, Atty. Gen., and Donald E. Hyde, Lincoln, for appellee.

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


PER CURIAM.

Upon consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, the court notes plain error as to the enhancement of the sentence, in that the record fails to disclose that defendant was represented by counsel at the time of the second conviction; therefore, the sentence is vacated, and the cause is remanded to the district court for resentencing.

SENTENCE VACATED, AND CAUSE REMANDED FOR...

Let's get started

Leagle.com

Welcome to the leading source of independent legal reporting
Sign on now to see your case.
Or view more than 10 million decisions and orders.

  • Updated daily.
  • Uncompromising quality.
  • Complete, Accurate, Current.

Listed below are the cases that are cited in this Featured Case. Click the citation to see the full text of the cited case. Citations are also linked in the body of the Featured Case.

Cited Cases

  • No Cases Found

Listed below are those cases in which this Featured Case is cited. Click on the case name to see the full text of the citing case.

Citing Cases