State v. Flye

Defendant entered a plea of guilty to a charge of stabbing with intent to kill. After a presentence investigation, the defendant was sentenced to a term of 12 to 15 years in the Nebraska Penal and Correctional Complex. Defendant appeals, alleging: (1) The court abused its discretion in failing to order evaluation previous to the imposition of sentence; and (2) in imposing an unduly harsh and excessive sentence. We affirm.

There is no merit to the defendant’s first assignment. It is discretionary with the sentencing judge as to whether he shall order the offender to submit to an evaluation.…