State v. Evans

The defendant, Rick T. Evans, has appealed from a conviction of the February 19, 1982, felony offense of delivery of cocaine, a violation of Neb. Rev. Stat. § 28-416(l)(a) and (2)(a) (Cum. Supp. 1982). The trial was to the court alone, a jury having been waived, and the defendant was sentenced to a term of imprisonment of 1 year. On appeal to this court he assigns as error only that the State failed to prove beyond a reasonable doubt that the defendant did in fact actually deliver the cocaine. Although not assigned as error, the defendant also objects to the court’s failure to grant probation…