State v. Ens

Defendant appeals from a conviction on a plea of nolo contendere to an amended information of assault with intent to rape. Defendant was sentenced to 2 years in the Nebraska Penal and Correctional Complex. He here contends the sentence is excessive and the trial court erred in not finding him a proper subject for probation. We affirm.

Defendant was originally charged with the felony offense of incest. On September 20, 1974, pursuant to a plea bargain, he was arraigned on an amended information charging assault with intent to commit rape. His plea of nolo contendere was accepted by the court.…