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State v. Cooper11/25/2003
ch Cooper was charged, is 20 years' imprisonment, a $25,000 fine, or both; the minimum penalty is 1 year's imprisonment. See Neb. Rev. Stat. § 28-105 (Cum. Supp. 2002). The judge may consider the defendant's past criminal record as a factor in determining the sentence. State v. Jackson, supra. We note that Cooper's presentence investigation report contains over nine pages of criminal charges, including numerous driving offenses, theft charges, and previous incarceration. We find that the sentence imposed by the trial judge is well within the statutory limits and does not constitute an abuse of discretion. Thus, we affirm Cooper's conviction and sentence for second degree forgery, value $300 or more.
CONCLUSION
For the foregoing reasons, we vacate both of the convictions for theft by shoplifting, value less than $200, third offense, and remand the causes for further proceedings on both charges. We affirm the conviction for second degree forgery, value $300 or more, because the sentence was not excessive.
Affirmed in part, and in part vacated and remanded with directions.
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