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187 Neb. 521

192 N.W.2d 165

State v. Morosin

Nebraska Supreme Court

Decided December 3, 1971

Nebraska Supreme Court · decided 1971-12-03

Cited by 3 later decisions — most recently January 1973

3 state decisions

Relies on State v. Escamilla

Good law ✅— No negative treatment on recordhow we know

Decided 1971-12-03

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Smith, J.

¶1 An information charged that defendant knowingly had concealed a stolen motorcycle with the intent to defraud the owner. Upon a plea of guilty the district court sentenced him to imprisonment for 2 to 3 years. On appeal defendant complains that the sentence was excessive. The governing statute, section 28-522, R. R. S. 1943, prescribed imprisonment for not less than 1 year nor more than 10 years.

¶2 We may reduce a sentence when in our opinion it is excessive, and we are under a duty to render such sentence as the evidence may warrant. See § 29-2308, R. R. S. 1943. Unless an abuse of discretion appears, we will not disturb a sentence within statutory limits. See State v. Escamilla, ante p. 457, 191 N. W. 2d 548 (1971).

¶3 *522 The record persuades us not to reduce the sentence. The judgment is affirmed.

¶4 Affirmed.

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