State v. Waldrop

The defendant, Millard Waldrop, pleaded guilty to a count of knowingly delivering a controlled substance in violation of section 28-4,125(2) (a), R. S. Supp., 1972. He was sentenced to imprisonment for a term of 5 years. On appeal the defendant contends the sentence was improper and excessive.

The defendant’s plea of guilty was entered on May 14, 1973, and he was sentenced on June 5, 1973. The statute which was in effect on those dates provided that a convicted defendant “shall be punished by imprisonment * * * for not less than five years nor more than twenty years and shall not be eligible…