State v. McCurry

The defendant was charged with assault with intent to inflict great bodily injury to which he pleaded nolo contendere. The defendant was sentenced by the District Court to a term of 1 year in the Nebraska Penal and Correctional Complex. The defendant appeals contending that his sentence is excessive and that the District Court erred in failing to place him on probation. We affirm the judgment and sentence of the District Court.

In State v. Leal, ante p. 233, 252 N. W. 2d 167 (1977), we stated: “This court will not overturn an order or sentence of the trial court which denies probation unless…