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State v. McKay

Supreme Court of Nebraska
Mar 30, 1984
346 N.W.2d 423 (Neb. 1984)

Opinion

No. 83-894.

Filed March 30, 1984.

Appeal from the District Court for Dodge County: MARK J. FUHRMAN, Judge. Affirmed as modified.

Don J. Sixta of Krafta Sixta, P.C., for appellant.

No appearance for appellee.

KRIVOSHA, C.J., BOSLAUGH, WHITE, HASTINGS, CAPORALE, SHANAHAN, and GRANT, JJ.


Defendant was sentenced to a term of 2 to 4 years in the Nebraska Penal and Correctional Complex on burglary charges.

He appeals and assigns as error only the excessiveness of the sentence. After a review of the record we agree. Defendant was 21 years old with no previous felony convictions and a minor juvenile record. His codefendant was 19 years old with no previous felony convictions and a worse juvenile record than the defendant. The codefendant received a sentence of 18 months to 3 years.

Defendant's sentence is modified to provide for a sentence of 18 months to 3 years.

AFFIRMED AS MODIFIED.


Summaries of

State v. McKay

Supreme Court of Nebraska
Mar 30, 1984
346 N.W.2d 423 (Neb. 1984)
Case details for

State v. McKay

Case Details

Full title:STATE OF NEBRASKA, APPELLEE, v. PHILLIP J. McKAY, APPELLANT

Court:Supreme Court of Nebraska

Date published: Mar 30, 1984

Citations

346 N.W.2d 423 (Neb. 1984)
216 Neb. 934