State v. Ellis

In his sole assignment of error the defendant-appellant, Mike Ellis, challenges his sentence as being excessive. Because of a plain error, we do not reach that assignment; we reverse the judgment of the trial court and remand for further proceedings not inconsistent with this opinion.

On September 4,1979, an information was filed charging that Ellis “did, on or about the 4th day of October A.D. 1978, . . . feloniously with intent to defraud make and deliver a check in the amount of $26.78 to the Cedar Motel, Randolph, Nebraska, drawn upon the 1st State Bank of Randolph, Randolph, Nebraska…