State v. Golden

Colwell, D. J., Retired.

Appellee, John Golden, was charged in two counts with assaulting an officer in the third degree, Neb. Rev. Stat. § 28-931(1) (Reissue 1985), a Class IV felony, and with using a firearm to commit a felony, Neb. Rev. Stat. § 28-1205(1) (Reissue 1985), a Class III felony. Golden entered pleas of guilty to both charges, and he was sentenced to 3 years’ probation subject to conditions including 90 days in jail.

The State appeals this sentence, pursuant to Neb. Rev. Stat. §§ 29-2320 to 29-2325 (Reissue 1985), assigning these errors: (1) The court erred in failing to impose…