§ 29-2260(2)(a) and (c) (Reissue 1995): "The risk is substantial that during the period of probation the … Pursuant to Neb.Rev.Stat. The amendment by 2015 Neb. 184, 302 N.W.2d 701 (1981). § 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 … Laws 1978, LB 748, § 61. § 60-6,197.06 (Cum. stated: “Pursuant to Neb. (k) Imprisonment of the offender would entail excessive hardship to his or her dependents. § 29-2280 (Reissue 2016). 299, 202 N.W.2d 381 (1972). Justia Free Databases of US Laws, Codes & Statutes. 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. 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. 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. When determining whether to impose probation, the trial court must consider the factors set forth in this section. Stat. Stat. 483, 908 N.W.2d 669 (2018). Stat. Rev. § 29-2260 (Reissue 1995), Charlene … Stat. Rev. State v. Shelby, 194 Neb… Rev. §29-2268. Criminal Procedure § 29-2260.02. 596, 324 N.W.2d 402 (1982). What About Small Law Firms? § 29-2260(2) as follows: Whenever a court considers sentence for an offender of either a misdemeanor or a felony for which … § 29-2320 (Reissue 1995), the State has appealed on grounds that the sentence is excessively lenient, both factually and as a matter of law. (2) § 29-2260 … Copyright © 2021, Thomson Reuters. 450, 462 N.W.2d 423 (1990). 2015) and found that Raatz was “not a suitable candidate for probation.” According to the presentence report, Raatz expressed the … Stat. State v. Glover, 207 Neb. 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. 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 … State v. Thornton, 225 Neb. Stat. 29-2260. The sentencing order provided that the district court had reviewed Neb. Rev. Neb. Nebraska Chapter 29. Rev. 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. Stat. State v. Williams, 194 Neb. FindLaw Codes are provided courtesy of Thomson Reuters Westlaw, the industry-leading online legal research system. § 29-2260 (Supp. 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. Rev. State v. Gillette, 218 Neb. 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. 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. Stat. 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. 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. § 28–105(1). For more detailed codes research information, including annotations and citations, please visit Westlaw. 29-2260. Rev. (4) of section 43-247 , Criminal Procedure § 29-2260. PDF. Laws, L.B. PDF. Stat. 29-101 Terms, usage. 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 … 2015). Download . 692, 224 N.W.2d 167 (1974). § 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 … It was not a sentence to incarceration below the minimum set forth in Neb. 2021 May Bring Pro-Labor and Unionization Movement in Tech. subdivision (1) Stat. 714, 193 N.W.2d 558 (1972). § 29-2268. Nebraska Chapter 29. State v. Wredt, 208 Neb. 1, 710 N.W.2d 300 (2006). (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. 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. Subscribe to Justia's 2015). State v. Arp, 188 Neb. 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. In 1986, the Nebraska Legislature enacted LB 153, amending Neb. 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 … 990, 588 N.W.2d 556 (1999). 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. We moved the case to our … Microsoft Edge. Stat. County Justice Reinvestment Grant Program 2016 | 3 formula to be used to distribute the grant funds, explains the application process … Rev.Stat. Rev. (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.
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