State v. Hopper

Defendant originally was charged with robbery. This charge was amended to one of assault with intent to commit robbery. Defendant entered a plea of guilty to the amended charge and was sentenced by the District Court to a term of 2 to 4 years imprisonment in the Nebraska Penal and Correctional Complex. Defendant appeals.

Defendant’s contention on appeal is that his sentence is excessive and that he should have received probation.

An order or sentence of the trial court which denies probation will not be overturned by this court on appeal unless there has been an abuse of discretion. State v.…