State v. Nelson

Defendant moved the district court for credit on his criminal sentence, the credit to be prior time he had spent in county jail. The court overruled the motion, and defendant appeals. He contends that the ruling violated constitutional guarantees of due process and equal protection.

Defendant pleaded guilty to embezzlement of more than $100. The district court on October 26, 1970, sentenced him to imprisonment for an indeterminate period of 1 to 3 years. The minimum and maximum periods prescribed by statute were 1 and 7 years. See §§ 28-506 and 28-539, R. R. S. 1943.

The judge who heard the…