State v. King

The defendant was found guilty by a jury on a charge of burglary. He was also found guilty by the court on a second count as being an habitual criminal and was sentenced to a term of not less than 20 nor more than 30 years in the Nebraska Penal and Correctional Complex. He appeals and contends the sentence is excessive. We reduce the sentence to not less than 10 (the mandatory minimum required by section 29-2221, R. R. S. 1943), nor more than 30 years.

The defendant was 47 years of age at the time of trial. He had served six previous terms of varying duration, all for burglary. He is an…