State v. Davis

White, C. Thomas, J.

This is an appeal from the resentencing of the defendant pursuant to the decision and order of this court in State v. Davis, 199 Neb. 165, 256 N. W. 2d 678. In the above case we affirmed the convictions of the defendant for possession of a controlled substance with intent to deliver, a violation of section 28-4,125, R. R. S. 1943, and for being a felon in possession of a firearm, a violation of section 28-1011.15, R. R. S. 1943.

In originally sentencing the defendant for the above crimes, the trial court sentenced the defendant as an habitual criminal. Under the terms of…