State v. Chapman
State v. Chapman
Opinion of the Court
Defendant was charged with a third offense of driving while intoxicated. A plea of guilty was entered
Section 39-669.07, R. R. S. 1943, provides a penalty of 1 to 3 years for the offense of which defendant was convicted. The minimum sentence of 18 months imposed exceeds one-third of the statutory maximum and the sentence will be reduced to 1 to 3 years. The defendant has a lengthy record of misdemeanor and felony convictions and the sentence does not otherwise present an abuse of discretion.
The judgment of the District Court will be affirmed as modified.
Affirmed as modified.
Reference
- Full Case Name
- State of Nebraska v. Elmer A. Chapman
- Status
- Published