FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. The granting of probation as opposed to the imposing of a sentence is a matter which is left to the sound discretion of the trial court, and, absent a showing of abuse, the trial court's denial of probation will not be disturbed on appeal. 483, 233 N.W.2d 772 (1975). Rev. 2015), the Legislature provided that when a defendant is convicted of “a misdemeanor or a felony for which mandatory or mandatory minimum imprisonment is not … Stat. There being nothing in the record to show sentence within limits prescribed herein was not a legitimate exercise of judicial discretion to consider the nature and circumstances of the crime and the history, character, and condition of the offender it will not be disturbed on appeal. On appeal, an appellate court must likewise consider this section in determining whether probation may be imposed, whether reviewing a sentence for excessiveness pursuant to section 29-2308 or for leniency under section 29-2322. In sentencing for a felony not involving the death penalty, there is no requirement that the judge conduct a case-by-case review of similar sentencings in that jurisdiction. 487, 299 N.W.2d 445 (1980). Rev. 291, 242 N.W.2d 863 (1976). Neb. § 29-2260 (Reissue 1995), a court may withhold a sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character, and condition of … 692, 224 N.W.2d 167 (1974). We agree with the Court of Appeals’ majority opinion that this written sentence imposed probation in lieu of incarceration and imposed 180 days’ jail time as a valid condition of probation under the authority conferred by Neb. Under Neb. The amendment by 2015 Neb. FindLaw Codes may not reflect the most recent version of the law in your jurisdiction. Stat. State v. Glover, 207 Neb. Neb. 29-2260, then the penalty is 0 years to 2 years imprisonment and 9-12 months Post Release Supervision, or max … Copyright © 2021, Thomson Reuters. When determining whether to impose probation, the trial court must consider the factors set forth in this section. Stat. 579, 198 N.W.2d 204 (1972). State v. Cottone, 188 Neb. Supp. Stat. , his or her disposition shall be governed by the Nebraska Juvenile Code. Unless … We moved the case to our … If that presumption is overcome taking into consideration the factors under Neb. The language in this section which provides that the court "may withhold sentence of imprisonment" is merely a guideline and does not mandate a sentence of probation. 186, 226 N.W.2d 134 (1975). (2) Microsoft Edge. Google Chrome, Section 29-2204.02 - Sentence for ... and (3) of section 29-2260. State v. Thornton, 225 Neb. Subscribe to Justia's State v. Wredt, 208 Neb. In its oral pronouncement at sentencing, the court sentenced Gibson to 180 days in jail, to be followed by - 564 Nebraska Court of appeals advaNCe sheets 26 Nebraska appellate reports STATE v. GIBSON Cite as 26 Neb… However, this section does not give the sentencing court absolute discretion to impose either a sentence of imprisonment or a sentence of probation, and the sentencing court committed no error in interpreting this section and section 29-2911 to preclude the possible imposition of probation in this case. Certain juveniles; disposition; certain offenders; sentence of probation, when. State v. Last, 212 Neb. (4) When an offender who has been convicted of a crime is not sentenced to imprisonment, the court may sentence him or her to probation. Firefox, or Section 29-2260 permits the trial court to withhold probation if it finds that imprisonment “is necessary for protection of the public” because the risk is substantial that during the period of probation the offender will engage in additional criminal conduct or because a lesser sentence will depreciate the seriousness of the offender’s … Read the code on FindLaw (4) of section 43-247 Rev. State v. Kantaras, 294 Neb. Stat. §§ 28-105(1) (Cum. 761 — Brought to you by Free Law Project, a non-profit dedicated to creating high quality open legal information. For more detailed codes research information, including annotations and citations, please visit Westlaw. Section 29-2280 vests trial courts with the authority to order restitution for actual damages sustained by the victim of a crime for which a defendant is convicted. In 1986, the Nebraska Legislature enacted LB 153, amending Neb. Stat. 960, 885 N.W.2d 558 (2016). Additionally, when deciding if it is appropriate to withhold a sentence of imprisonment and grant probation, a sentencing court is guided by the statutory grounds set forth in Neb. § 28-105 (Reissue … Certain juveniles;  disposition;  certain offenders;  sentence of probation, when on Westlaw, industry-leading online legal research system, Listen, Nerds: Be Careful With the Fantasy References, Biden Administration Will Not Wait for ABA Review of Judicial Nominees Either. Defendant's sentence of seven years for embezzlement, which under law was sentence of one to seven years, was not excessive under facts in this case. § 29-2260 (Reissue 2008) does not require the trial court to articulate on the record that it has considered each sentencing factor, and it does not require the court to make specific findings as to the … The violence with which the offense was committed and that probation would depreciate the seriousness thereof or promote disrespect for law were valid reasons for sentencing first offender to imprisonment. Certain juveniles; disposition; certain offenders; sentence of probation, when. Stat. featuring summaries of federal and state Rev. 102, 195 N.W.2d 196 (1972). Stat. Stat. All rights reserved. Department of Health and Human Services; administer Title IV-E state plan; Office of Probation … § 29-2260 … § 60-6,197.06 (Cum. 483, 908 N.W.2d 669 (2018). , or Sentence of imprisonment for one year not excessive where defendant convicted of assault with intent to inflict great bodily injury by intentionally driving auto into victims. Rev. Justia Free Databases of US Laws, Codes & Statutes. State v. Purviance, 194 Neb. Rev. 596, 324 N.W.2d 402 (1982). Sentence of imprisonment is proper when record shows risk of further criminal conduct, and the most effective correctional treatment will be provided by a correctional facility. Big Law Poised to Win Again in 2021. (5) For all sentences of imprisonment for Class III, IIIA, or IV felonies, other than those imposed consecutively or concurrently with a sentence to imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony, the court shall impose a determinate sentence within the applicable range in section 28-105, including a period of post-release supervision. State v. Ramirez, 285 Neb… We make no warranties or guarantees about the accuracy, completeness, or adequacy of the information contained on this site or the information linked to on the state site. State v. Glouser, 193 Neb. Please check official sources. On appeal, an appellate court must likewise consider section 29-2260 in determining whether probation may be imposed, whether reviewing a sentence for excessiveness pursuant to this section or for … § 29-2260 … Rev. subdivision (1) 673, 254 N.W.2d 698 (1977). Rev. 500, 233 N.W.2d 777 (1975). Laws, L.B. Stat. State v. Thornton, 225 Neb. Free Newsletters The district court for Lancaster County sentenced Hense to probation for 2 years but did not order a further revocation of his operator's license as part of … 5 Neb. Internet Explorer 11 is no longer supported. 29-101 Terms, usage. 672, 357 N.W.2d 472 (1984). Stat. § 29-2260 (Reissue 2008) is a directive to the trial court as to the factors to be considered by the trial court in imposing a sentence, and it is clear that the statute is to serve as a … § 29-2260, Post-Release Supervision LB605 adds language to § 29-2260 which requires a sentencings court to impose a determinate sentence, including a period of post-release supervision, … Sentence of life imprisonment for sixteen year old who pleaded guilty to second degree murder of his father is not excessive where a lesser sentence would have depreciated the seriousness of the offense. Anomie in the criminal process is a variable not to be forgotten, although its weight is light in any one case. (c) A lesser sentence will depreciate the seriousness of the offender's crime or promote disrespect for law. A lack of cooperation prior to sentencing could be a strong indication that the lesser restrictions of probation may not be sufficient to effect a purposeful probation. Criminal Procedure Section 29-2260.01. See Neb.Rev.Stat. 875, 408 N.W.2d 327 (1987). (2) Whenever a court considers sentence for an offender convicted of either a misdemeanor or a felony for which mandatory or mandatory minimum imprisonment is not specifically required, the court may withhold sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character, and condition of the offender, the court finds that imprisonment of the offender is necessary for protection of the public because: (a) The risk is substantial that during the period of probation the offender will engage in additional criminal conduct; (b) The offender is in need of correctional treatment that can be provided most effectively by commitment to a correctional facility;  or. See Neb. (1) Whenever a person is adjudicated to be as described in Current with effective changes from the 2020 Legislative Session through 8/17/2020. 29-103 Magistrate, defined. It was not a sentence to incarceration below the minimum set forth in Neb. , Rev.Stat. 541, 233 N.W.2d 788 (1975). § 29-2280 (Reissue 2016). 714, 193 N.W.2d 558 (1972). court opinions. 761, 635 N.W.2d 123 (2001). 990, 588 N.W.2d 556 (1999). State v. Shelby, 194 Neb… Nebraska Chapter 29. Neb. Opinion for State v. Hamik, 635 N.W.2d 123, 262 Neb. § 29-2260 (Supp. Rev. Begin typing to search, use arrow keys to navigate, use enter to select. An order granting probation is a sentence under section 29-2260 (4), and for review a motion for new trial must be filed within ten days, but no motion for new trial is required for review of order revoking … Indeterminate sentence of not less than 4 nor more than 15 years' imprisonment was not excessive considering deliberate and premeditated manner in which defendant committed burglary, and in considering his continued disrespect for the law as shown by numerous past violations of the law and probation. Nebraska Chapter 29. Denial of probation and imposition of a sentence within statutorily prescribed limits will not be disturbed on appeal absent an abuse of discretion. , § 29-2260 (Reissue 2016). 734, 246 N.W.2d 69 (1976). In Neb. Pursuant to Neb.Rev.Stat. § 29-2260 (Reissue 2016) and determined that … §29-2268. 2017) and § 28-319.01(1). § 28–105(1). 4 Neb. See Neb. 184, 302 N.W.2d 701 (1981). Stat. State v. Harrison, 255 Neb. State v. Arp, 188 Neb. § 29–2260 … Even had standards herein been in effect at time of sentencing, refusal to grant probation would not have been abuse of discretion under facts in this case. Read the code on FindLaw 2015). State v. West, 188 Neb. stated: “Pursuant to Neb. PDF. While observation and examination are authorized hereunder for the purpose of aiding the court in its disposition of the case, a sentence to the Lincoln Regional Center for a period within the discretion of the director is void. Rev. Stat. Rev. § 29-2260, the court finds the following substantial and compelling reasons (those checked) why the defendant cannot effectively and safely be supervised in the … The court's discretion is not controlled by this section. The sentencing order provided that the district court had reviewed Neb. Claimed intemperate remarks of judge at sentencing indicated a concern for the provisions of this section. 493, 197 N.W.2d 703 (1972). What About Small Law Firms? An order granting probation is a sentence under section 29-2260(4), and for review a motion for new trial must be filed within ten days, but no motion for new trial is required for review of order revoking probation. 796, 240 N.W.2d 844 (1976). Neb. 65, 464 N.W.2d 782 (1991). In sentencing Burger for his convictions in the two 2018 cases, the district court stated that it had considered all of the factors in Neb. State v. Clifton, 187 Neb. Rev. provided that the district court had reviewed Neb. (3)(b) The Supreme Court will not overturn an order or sentence of the trial court which denies probation unless there has been an abuse of discretion. State v. Glover, 207 Neb. State v. Sturm, 189 Neb. State v. Peterson, 236 Neb. Disclaimer: These codes may not be the most recent version. Nebraska may have more current or accurate information. We recommend using The part of this section providing that the court may withhold sentence of imprisonment is a guideline for the court and is not mandatory. State v. Machmuller, 196 Neb. (k) Imprisonment of the offender would entail excessive hardship to his or her dependents. 4, 468 N.W.2d 607 (1991); State v. Dean, 237 Neb. There is no repugnancy or conflict between this section, section 29-2911, and section 29-2915, and this section was not repealed by implication by enactment of section 29-2911 or 29-2915. McCray v. Nebraska State Patrol, 271 Neb… Neb. Current with effective changes from the 2020 Legislative Session through 8/17/2020. Download . 2015). State v. Mosley, 194 Neb. Stat. A sentence to imprisonment ought not exceed the minimum period consistent with protection of the public, gravity of the offense, and rehabilitative needs of the defendant. Rev. State v. Gundlach, 192 Neb. Rev. 299, 202 N.W.2d 381 (1972). Rev. Rev. Rev. Rev. Laws 1978, LB 748, § 61. See Neb. § 29-2204.02. (4) When an offender who has been convicted of a crime is not sentenced to imprisonment, the court may sentence him or her to probation. § 29-2268. Download . At the time of the present offense, a Class IV felony was punishable by a maximum of 5 years' imprisonment, a $10,000 fine, or both. (1) Whenever a person is adjudicated to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247, his or her disposition shall be governed by the Nebraska Juvenile Code. Rev. - § 29-2260 (Reissue 2016): (2) Whenever a court considers sentence for an offender convicted of either a misdemeanor or a felony for which mandatory or minimum … Under Neb.Rev.Stat. 605, removing the provision of this section relating to jail time as a condition of probation for felony … 1, 710 N.W.2d 300 (2006). § 29-2260 (Reissue 1995), Charlene … State v. Dedrick, 194 Neb. 2021 May Bring Pro-Labor and Unionization Movement in Tech. 487, 299 N.W.2d 445 (1980). State v. Russell, 299 Neb. This section lists grounds to be considered by the sentencing court, but specifically provides it is not to control his discretion. Read this complete Nebraska Revised Statutes Chapter 29. Rev. State v. Gillette, 218 Neb. Stat. McCray v. Nebraska State Patrol, 271 Neb. Stat. Criminal Procedure § 29-2260. State v. Keen, 196 Neb. 2015) and found that Raatz was “not a suitable candidate for probation.” According to the presentence report, Raatz expressed the … At the sentencing hearing, defense counsel argued that the PSR incorrectly focused on Kurt's injuries and that under the statutory criteria in Neb. Stat. Supp. First degree sexual assault is a Class II felony, which is punishable by 1 to 50 years' imprisonment. Please verify the status of the code you are researching with the state legislature or via Westlaw before relying on it for your legal needs. § 29-2204.02 (Supp. View Previous Versions of the Nebraska Revised Statutes. condition of probation under the authority conferred by Neb. Rev. § 29-2260(2)(a) and (c) (Reissue 1995): "The risk is substantial that during the period of probation the … Stat. Further, the court denied probation in accordance with the factors outlined in Neb.Rev.Stat. § 29-2260(2) as follows: Whenever a court considers sentence for an offender of either a misdemeanor or a felony for which … 740, 235 N.W.2d 402 (1975). The Supreme Court will not overturn an order of the trial court which denies probation unless there has been an abuse of discretion. Stat. Under Neb.Rev.Stat. Stat. Sentence for concurrent terms of seven to ten years on sexual assault charge and one year on third degree assault was not excessive where defendant used a knife and threatened death. Stat. County Justice Reinvestment Grant Program 2016 | 3 formula to be used to distribute the grant funds, explains the application process … State v. McMullen, 195 Neb. Stat. PDF. Criminal Procedure § 29-2260.02. Rev. 29-2260. 406, 238 N.W.2d 246 (1976). 29-2260. 450, 462 N.W.2d 423 (1990). Under § 29-2260: (2) Whenever a court considers sentence for an offender convicted of either a misdemeanor or a … When the sentence alleged to be excessively lenient is one of probation, it is necessary for the trial court and the reviewing appellate court to consider the provisions of this section. 875, 408 N.W.2d 327 (1987). An order setting aside a conviction is a final judgment which nullifies the conviction and removes all civil disabilities which were not exempted from restoration by this section as it existed on the date of the order. (3) The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of withholding sentence of imprisonment: (a) The crime neither caused nor threatened serious harm; (b) The offender did not contemplate that his or her crime would cause or threaten serious harm; (c) The offender acted under strong provocation; (d) Substantial grounds were present tending to excuse or justify the crime, though failing to establish a defense; (e) The victim of the crime induced or facilitated commission of the crime; (f) The offender has compensated or will compensate the victim of his or her crime for the damage or injury the victim sustained; (g) The offender has no history of prior delinquency or criminal activity and has led a law-abiding life for a substantial period of time before the commission of the crime; (h) The crime was the result of circumstances unlikely to recur; (i) The character and attitudes of the offender indicate that he or she is unlikely to commit another crime; (j) The offender is likely to respond affirmatively to probationary treatment;  and. 2006) and 28-319(2) (Reissue 1995). (2) Whenever a court considers sentence for an offender convicted of either a misdemeanor or a felony for which mandatory or mandatory minimum imprisonment is not specifically required, the court may withhold sentence of imprisonment unless, having regard to the nature and circumstances of the crime and the history, character, and condition of the offender, the court finds that imprisonment of the offender is necessary for protection of the public because: (a) The risk is substantial that during the period of probation the offender will engage in additional criminal conduct; (b) The offender is in need of correctional treatment that can be provided most effectively by commitment to a correctional facility; or. § 29-2260(2) (Supp. (3) The following grounds, while not controlling the discretion of the court, shall be accorded weight in favor of withholding sentence of imprisonment: (a) The crime neither caused nor threatened serious harm; (b) The offender did not contemplate that his or her crime would cause or threaten serious harm; (c) The offender acted under strong provocation; (d) Substantial grounds were present tending to excuse or justify the crime, though failing to establish a defense; (e) The victim of the crime induced or facilitated commission of the crime; (f) The offender has compensated or will compensate the victim of his or her crime for the damage or injury the victim sustained; (g) The offender has no history of prior delinquency or criminal activity and has led a law-abiding life for a substantial period of time before the commission of the crime; (h) The crime was the result of circumstances unlikely to recur; (i) The character and attitudes of the offender indicate that he or she is unlikely to commit another crime; (j) The offender is likely to respond affirmatively to probationary treatment; and. State v. Williams, 194 Neb. Read this complete Nebraska Revised Statutes Chapter 29. State v. Swails, 195 Neb. § 28-201 (Supp. Neb. Criminal Procedure Section 29-2260. (c) A lesser sentence will depreciate the seriousness of the offender's crime or promote disrespect for law. State v. McCurry, 198 Neb. § 29-2260 (Supp. (k) Imprisonment of the offender would entail excessive hardship to his or her dependents. § 29-2260 … § 29-2320 (Reissue 1995), the State has appealed on grounds that the sentence is excessively lenient, both factually and as a matter of law. Rev. 29-102 Repealed. Stat. Stat 29-2260 (2) and (3). (1) Whenever a person is adjudicated to be as described in subdivision (1), (2), (3)(b), or (4) of section 43-247, his or her disposition shall be governed by the Nebraska … State v. Thomas, 238 Neb. 2006). State v. Hamik, 262 Neb. Explains the application process … Neb § 29–2260 … State v. Kantaras, 294 Neb in any one case Brought! 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