State v. Leal

The defendant was charged with the felony of driving while intoxicated, third offense. After a jury trial, he was found guilty. The District Court, at a subsequent hearing, determined that such offense was his third offense and sentenced the defendant to a term of 1 years imprisonment in the Nebraska Penal and Correctional Complex. We affirm the judgment and sentence of the District Court.

The sole assignment of error is that the sentence is excessive. The defendant contends that he should have received probation. “This court will not overturn an order or sentence of the trial court which…