State v. Morosin

Nebraska Supreme Court
State v. Morosin, 192 N.W.2d 165 (Neb. 1971)
187 Neb. 521; 1971 Neb. LEXIS 664
Boslaugh, Clinton, McCown, Newton, Smith, Spencer, White

State v. Morosin

Opinion

Smith, J.

An information charged that defendant knowingly had concealed a stolen motorcycle with the intent to defraud the owner. Upon a plea of guilty the district court sentenced him to imprisonment for 2 to 3 years. On appeal defendant complains that the sentence was excessive. The governing statute, section 28-522, R. R. S. 1943, prescribed imprisonment for not less than 1 year nor more than 10 years.

We may reduce a sentence when in our opinion it is excessive, and we are under a duty to render such sentence as the evidence may warrant. See § 29-2308, R. R. S. 1943. Unless an abuse of discretion appears, we will not disturb a sentence within statutory limits. See State v. Escamilla, ante p. 457, 191 N. W. 2d 548 (1971).

*522 The record persuades us not to reduce the sentence. The judgment is affirmed.

Affirmed.

Reference

Full Case Name
State of Nebraska, Appellee, v. Michael L. Morosin, Appellant
Cited By
3 cases
Status
Published