Opinion
No. 38386.
Filed October 13, 1972.
Appeal from the district court for Kearney County: FRED R. IRONS, Judge. Affirmed.
Baron Walker, pro se.
Clarence A. H. Meyer, Attorney General, and Bernard L. Packett, for appellee.
Heard before WHITE, C.J., SPENCER, BOSLAUGH, SMITH, McCOWN, NEWTON, and CLINTON, JJ.
The defendant was charged with escape from legal custody. He was advised of all his constitutional rights. The court offered the assistance of counsel at least six times and at least six times the defendant refused, in words clearly indicating that he was irritated with the advice, for example: "Damn, I told you * * * I don't want one."
He pleaded guilty and was sentenced to 5 to 7 years in the Nebraska Penal and Correctional Complex. He responded, "Hell, no," when the court asked him before sentencing if he had any regrets or remorse for the crimes he had committed. At the conclusion of the proceedings, he threatened the trial judge, and spit in the direction of the bench, the court, and the court reporter.
The only issue the defendant raises on this appeal is that his sentence was excessive. Section 28-736, R.R. S. 1943, provides a penalty of not less than 1 nor more than 10 years for escape from legal custody.
The sentence of 5 to 7 years in the Nebraska Penal and Correctional Complex is not excessive. The judgment is affirmed.
AFFIRMED.