State v. Spotted Elk

In this criminal case, defendant, Collin D. Spotted Elk, pled guilty to a charge of attempted burglary, a violation of Neb. Rev. Stat. §§ 28-201 and 28-507 (Reissue 1985), was so adjudged and thereafter sentenced to 5 years’ imprisonment, and was ordered to pay restitution in the sum of $761.12. Defendant then filed a timely notice of appeal of the sentence of imprisonment to this court. He later filed a motion in the district court asking that his sentence be reconsidered under the provisions of Neb. Rev. Stat. § 29-2308.01 (Cum. Supp. 1986). The district court then purported to reduce the…