(Download) "State Nebraska v. Mark S. Holzapfel" by Supreme Court of Nebraska " Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Mark S. Holzapfel
- Author : Supreme Court of Nebraska
- Release Date : January 05, 1974
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 61 KB
Description
On a plea of nolo contendere, the District Court sentenced the defendant to a period of 1 year in the Nebraska Penal and Correctional
Complex on a reduced charge of possession of a controlled substance. The defendant appeals, asserting that the District Court
abused its discretion in not granting probation and improper use and application of the presentence investigation in imposing
the sentence that it did. We affirm the judgment and sentence of the District Court. We have recently held that the action of a trial court in denying probation and imposing a sentence in a criminal prosecution
will not be disturbed on appeal unless the record shows an abuse of discretion. State v. Cottone, 188 Neb. 102, 195 N.W.2d
196. The defendant was initially charged with the more serious offense of possession with intent to deliver a controlled substance.
This charge was amended to allege mere unlawful possession, to which the defendant pled nolo contendere. The court ordered,
and had available for consideration, an extensive presentence investigation report of some 100 pages at the time of the imposition
of sentence. This presentence investigation report covers, in comprehensive detail, the defendant's age, his social, family,
educational, work, and personal background. It also recites with considerable detail the history and involvement of the defendant
in the drug traffic. It reveals that the defendant, prior to the commission of this offense, had been grossly involved in
drug trafficking. We summarize in Conclusionary form the extensive information recited in the report. It is abundantly clear
that the defendant had been closely associated with a number of people in a large-scaled drug marketing operation and that
the defendant personally was a hard drug user. The defendant admitted to having made frequent commercial air line flights
to California for the purpose of receiving drug deliveries for subsequent distribution in Lincoln and Omaha, Nebraska. In
mitigation of this situation the defendant contended to the probation officer that he was merely acting as an agent for an
acquaintance of his and that he did not personally take part in the subsequent distribution and sale of the narcotics. There
is in the presentence report persuasive evidence to the contrary of this contention. However that may be, the defendant by
his own admission, was involved far beyond mere possession of one-half gram of cocaine as charged in the amended information.
It reveals a continuous and consecutive commission of more serious offenses directly related to the offense to which he pled
nolo contendere, continuing over a considerable period of time. Considering the designed purpose of the statute to prohibit
the trafficking in controlled substances and their possession and use thereof, and the comparative propriety of probation
for this particular type of offense, we can find no abuse of discretion on the part of the District Court in imposing the
minimum sentence on a reduced charge as it did.
 "State Nebraska v. Mark S. Holzapfel" by Supreme Court of Nebraska " Book PDF Kindle ePub Free){kind=link}