State v. Lenz

Defendant herein pleaded guilty to the crime of robbery and was sentenced to 5 years in the Nebraska Penal and Correctional Complex. Defendant perfected this appeal, claiming the sentence to be excessive and urging that the trial court abused its discretion in not placing him on probation.

On September 19, 1967, defendant, who had been released from the South Dakota Penitentiary in August 1967, walked into a motel office west of Fremont, Nebraska, waived a derringer at one of the owners, and demanded that the money in the drawer be laid on the counter. Defendant picked up the, money, wiped the…