State v. Menard

The defendant entered pleas of guilty to larceny from the person and third offense driving while intoxicated. The trial court imposed concurrent sentences of 1 to 5 and 1 to 3 years in the Nebraska Penal and Correctional Complex. Defendant’s sole contention on appeal is that the sentences ,are excessive and he should be placed on probation. We affirm.

Defendant was born of American Indian heritage. His parents had drinking problems and from age 11 until he was 17 or 18 he resided at the Boys’ Training School in Kearney.

Defendant has five previous felony convictions and sentences in Nebraska…