State v. Lixey

Defendant, Kevin S. Lixey, appeals from his bench trial conviction of theft, pursuant to Neb. Rev. Stat. § 28-511 (Reissue 1989), and his sentence of from 20 months’ to 5 years’ imprisonment in an institution under the jurisdiction of the Nebraska Department of Correctional Services. Defendant assigns as error the insufficiency of the evidence to support the conviction and the excessiveness of the sentence. We affirm.

According to § 28-511, “A person is guilty of theft if he or she takes, or exercises control over, movable property of another with the intent to deprive him or her thereof.” As…