State v. Lacy

White, C. Thomas, J.

This is an appeal from a denial of post conviction relief. The defendant asserts: (1) That the trial court erred in considering the record of an arrest contained in the presentence report in sentencing the defendant; and (2) that the trial court violated the constitutional rights of the defendant by sentencing him to a term of 5 to 8 years imprisonment while sentencing an accomplice, who had plead guilty to the offense, to 3 years imprisonment.

This court, on direct appeal, upheld the conviction and affirmed the sentence in State v. Lacy, 195 Neb. 299, 237 N. W. 2d 650. The…