State v. McPherson

453 N.W.2d 745 | Neb. | 1990

Per Curiam.

Upon consideration of the record, briefs, and recommendation of the Appellate Division of the District Court, the court notes plain error as to the enhancement of the sentence, in that the record fails to disclose that defendant was represented by counsel at the time of the second conviction; therefore, the sentence is vacated, and the cause is remanded to the district court for resentencing.

Sentence vacated, and cause remanded for resentencing.