State v. Griggs
State v. Griggs
Opinion of the Court
Upon a plea of nolo contendere to robbery the defendant was sentenced to imprisonment for 5 to 10 years. He has appealed and contends the sentence was contrary to law and was excessive.
The defendant was originally charged with rob
The defendant contends that he should have been sentenced under the provisions of the Nebraska Criminal Code which became effective January 1, 1979. The offense here was committed on February 6, 1978, before the new criminal code became effective. In State v. Weinacht, ante p. 124, 277 N. W. 2d 567, we held that offenses committed before January 1, 1979, are to be punished according to the law in effect at the date of the offense. See § 28-103 (1), R. S. Supp., 1978. See, also, State v. Fuller, ante p. 233, 278 N. W. 2d 756.
The robbery involved in this case occurred when the defendant, carrying a gun, took approximately $300 from the cashier at Cinema X in Lincoln, Nebraska.
The defendant is nearly 45 years of age and has a lengthy criminal record including convictions for burglary, receiving stolen property, and armed robbery. In view of the defendant’s past record and the serious nature of the offense committed in this case, the sentence imposed was not excessive.
The judgment is affirmed.
Affirmed.
Reference
- Full Case Name
- State of Nebraska v. Ferris Griggs
- Status
- Published