State v. Gaston

This is a direct appeal from a judgment, sentence, and commitment to the Nebraska Penal and Correctional Complex for an indeterminate period of not less than 20 or more than 30 years.

The defendant was found guilty by a jury of forgery, and by the court of being an habitual criminal in a subsequent proceeding. § 29-2221, R. S. Supp., 1972. On November 13, 1972, he appeared for sentencing on these two convictions.

Instead of imposing one sentence on the forgery conviction for the mandatory minimum of 10 to 60 years required by the habitual criminal act (section 29-2221, R. S. Supp., 1972), the…