State v. Holzapfel

On a plea of nolo contendere, the District Court sen- fenced the defendant to a period of ,1 year in the Nebraska Penal and Correctional Complex on a reduced charge of possession of a controlled substance. The defendant appeals, asserting that the District Court abused its discretion in not granting probation and improper use and application of the presentence investigation in imposing the sentence that it did. We affirm the judgment and sentence of the District Court.

We have recently held that the action of a trial court in denying probation and imposing a sentence in a criminal prosecution…