STATE v. MOROSIN

Sentences: Appeal and Error: Statutes. Unless an abuse of discretion appears, we will not disturb a sentence within statutory limits.

SMITH, J.

An information charged that defendant knowingly had concealed a stolen motorcycle with the intent to defraud the owner. Upon a plea of guilty the district court sentenced him to imprisonment for 2 to 3 years. On appeal defendant complains that the sentence was excessive. The governing statute, section 28-522, R.R.S. 1943, prescribed imprisonment for not less than 1 year nor more than 10 years.

We may reduce a sentence when in our opinion it is excessive, and we are under a duty to render such sentence as the evidence may warrant. See 29-2308, R. R. S. 1943. Unless an abuse of discretion appears, we will not disturb a sentence within statutory limits. See State v. Escamilla, ante p. 457, 191 N.W.2d 548 (1971).

The record persuades us not to reduce the sentence. The judgment is affirmed.

AFFIRMED.