State v. Porter

Defendant was sentenced to a term of probation for a November 5, 1978, burglary. The statute covering this crime in effect at the time was Neb. Rev. Stat. § 28-532 (Reissue 1975), which provided for a possible sentence of from 1 to 10 years’ imprisonment in the Nebraska Penal and Correctional Complex. Following an appropriate hearing his probation was revoked and he was thereafter sentenced to a term of not less than 3 nor more than 10 years’ incarceration in the penal complex. He has appealed from that sentence, assigning as errors that the trial court considered certain confidential letters…