State v. Swails

The defendant pleaded nolo contendere to a charge of assault with intent to inflict great bodily injury. He was found guilty by the District Court and. sentenced to the Division of Corrections for an indeterminate period of not less than 1 nor more than 2 years. The statutory penalty is not less than 1 year nor more than 20 years. The sole issue is the excessiveness of the sentence.

The record shows that the defendant had been drinking for some hours before the offense occurred. Around 4 a.m., he met a girl in the coffee shop at the bus station and requested her assistance in getting a…