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State v. RodmanState v. Rodman

Nebraska Supreme Court
Oct 3, 1974
39416 and 39417
Reporters:
, ,
Before:
White, Spencer, Boslaugh, McCown, Newton, Clinton, Brodkey

BOSLAUGH, Justice.

The defendant was charged in separate informations with burglaries on May 19, 1973, and August 5, 1973. Upon pleas of guilty he was sentenced to imprisonment for 18 months to 3 years for the burglary on May 19, 1973, and to imprisonment for 1 to 3 years for the burglary on August 5, 1973. The defendant contends the sentences were excessive because they were consecutive and not concurrent.

The maximum sentences which could have been imposed would have been imprisonment for 10 years on each count. § 28-532, R.R.S.1943.

The defendant has one previous conviction for a felony. It was within the discretion of the District Court to direct that the sentences be served consecutively. See, In re Walsh, 37 Neb. 454, 55 N.W. 1075; Culpen v. Hann, 158 Neb. 390, 63 N.W.2d 157. The sentences which were imposed by the trial court were not excessive under the circumstances.

The judgments of the District Court are affirmed.

Affirmed.

Case Details

Case Name: State v. Rodman
Court Name: Nebraska Supreme Court
Date Published: Oct 3, 1974
Citations: 222 N.W.2d 109; 192 Neb. 403; 1974 Neb. LEXIS 710; 39416 and 39417
Docket Number: 39416 and 39417
Court Abbreviation: Neb.
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