State v. Andersen
State v. Andersen
Opinion of the Court
The only issue raised in this appeal from a guilty plea to the crime of burglary is the excessiveness of the sentence. Defendant Gene Lynn Andersen was sentenced to a term of not less than 2 nor more than 4 years in the Nebraska Penal and Correctional Complex, and was given credit for the time spent in the county jail awaiting trial and sentence. We affirm.
Defendant, who was 24 years of age, with two accomplices broke into a store at night at Wynot, Nebraska. It is defendant’s contention that the sentence was excessive in view of defendant’s age; the fact that he was merely a follower with two more experienced participants; and that he had cooperated with the State in entering a plea of guilty.
From a review of the presentence investigation, which is a part of the record, we are convinced that the trial court did extend leniency to the defendant, and that the sentence is a minimal one. Defendant was sent to the
We have said on previous occasions: “Where the punishment of an offense created by statute is left to the discretion of the trial court within prescribed limits, a sentence imposed within those limits will not be disturbed on appeal unless there appears to be an abuse of discretion.” State v. Lenz, 183 Neb. 496, 161 N. W. 2d 710.
For the reasons stated, the judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- State of Nebraska v. Gene Lynn Andersen
- Status
- Published