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194 Neb. 110

State v. Bixenmann

Nebraska Supreme Court

Decided June 5, 1975

Nebraska Supreme Court · decided 1975-06-05

Decided 1975-06-05

Clinton, J.

¶1Defendant entered a plea of guilty to a charge of auto theft and was sentenced to a term of 3 years in the Nebraska Penal and Correctional Complex. He appeals and asserts the sentence is. excessive. We conclude otherwise.

¶2Defendant is 25 years of age. He is, by his own admission, a regular user of controlled substances. His past record indicates at least four jail terms and one term in the penitentiary of another state on a felony charge. At the time the plea of guilty was entered the State dismissed, apparently as part of a plea bargain, a charge of robbery.

¶3It clearly appears that the trial court did not abuse its discretion.

¶4Affirmed.

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