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186 Neb. 784

186 N.W.2d 481

State v. McMillian

Nebraska Supreme Court

Decided April 30, 1971

Nebraska Supreme Court · decided 1971-04-30

Cited by 6 later decisions — most recently June 2008

6 state decisions

Key passage — most relied on by later courts

“the [appellants] are eligible for release on parole upon completion of their minimum terms less reductions.”

quoted by 1 later decision, including Poindexter v. Houston

Good law ✅— No negative treatment on recordhow we know

Decided 1971-04-30

View the full empirical analysis of this case →

Boslaugh, J.

¶1 The defendants, William McMillian and Benjamin Brock, pleaded guilty to burglary and were each sentenced to 5 years’ imprisonment. They seek post conviction relief on the ground that their pleas were involuntary because they were not advised that they would be ineligible for parole if they received “flat” sentences instead of “split” sentences.

¶2 Under section 83-1,110, R. S. Supp., 1969, the defendants are eligible for release on parole upon completion of their minimum terms less reductions, or upon completion of the minimum sentences provided by law less reductions if approved by the sentencing judge or his successor in office.

¶3 The judgment denying post conviction relief is affirmed.

¶4 Affirmed.

/186/neb/784 · .json · Public domain