State v. Frans

The defendant, Conroy F. Frans, pleaded guilty to third-offense drunken driving. He was sentenced to imprisonment for 1 year and revocation of his driver’s license.

The sole contention on appeal is that the sentence is excessive and that the defendant should have been placed on probation.

The penalty for third or subsequent offense drunken driving is not less than 1 year nor more than 3 years imprisonment and license revocation. See § 39-669.07 (3), R. R. S. 1943. The sentence here is the statutory minimum, in the absence of probation.

A number of witnesses testified on behalf of the defendant…