State v. Erving
State v. Erving
Opinion of the Court
On February 3, 1974, the defendant, who was incarcerated and serving a sentence in the Nebraska Penal and Correctional Complex, pushed corrections officer, Lieutenant William J. Ruhge, who was about to take him to solitary confinement as a result of institutional infractions, and also struck the officer in the eye with
The statutory penalty for the misdemeanor offense of assault is a fine not exceeding $500 or imprisonment in the jail of the county not exceeding 6 months. § 28-41,1, R. S. Supp., 1974. The sentence imposed was clearly not excessive. However, defendant urges this court to reduce the sentence of the trial court under section 29-2308, R- R. S. 1943, and asserts that it is the duty of the court to do so if warranted by the evidence. The evidence does not so warrant, and we decline to do so. Were we to modify the 30-day sentence and make it run concurrently rather than consecutively with defendant’s present sénteñce, it would be tantamount to defendant receiving no sentence at all. We have repeatedly ruled that we will not disturb a sentence imposed within the limits of the statute unless there appears to be an abuse of discretion. State v. Cano, 191 Neb. 709, 217 N. W. 2d 480 (1974). There was no abuse of discretion in this case. Judgment affirmed.
Affirmed.
Reference
- Full Case Name
- State of Nebraska v. Vastine Leon Erving, also known as Sam Sausage
- Status
- Published