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State v. Cottone, 188 Neb. Further, the court denied probation in accordance with the factors outlined in Neb.Rev.Stat. State v. Dedrick, 194 Neb. Stat. § 29-2260 … § 29-2260 … See Neb. 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. County Justice Reinvestment Grant Program 2016 | 3 formula to be used to distribute the grant funds, explains the application process … There is no repugnancy or conflict between this section, section 29-2911, and section 29-2915, and this section was not repealed by implication by enactment of section 29-2911 or 29-2915. Under Neb.Rev.Stat. State v. Glouser, 193 Neb. Rev. 29-2260. Stat. 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 … Read this complete Nebraska Revised Statutes Chapter 29. 299, 202 N.W.2d 381 (1972). 734, 246 N.W.2d 69 (1976). § 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 … 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. § 29-2260 (Reissue 1995), Charlene … (3)(b) State v. Gillette, 218 Neb. § 29-2260, the court finds the following substantial and compelling reasons (those checked) why the defendant cannot effectively and safely be supervised in the … 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. The sentencing order provided that the district court had reviewed 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. (k) Imprisonment of the offender would entail excessive hardship to his or her dependents. 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. 186, 226 N.W.2d 134 (1975). 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. Rev. 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 … Rev. State v. Hamik, 262 Neb. State v. West, 188 Neb. court opinions. Stat. PDF. Big Law Poised to Win Again in 2021. 761, 635 N.W.2d 123 (2001). Stat. State v. Last, 212 Neb. 29-101 Terms, usage. 5 Neb. condition of probation under the authority conferred by Neb. Anomie in the criminal process is a variable not to be forgotten, although its weight is light in any one case. 796, 240 N.W.2d 844 (1976). 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. § 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 … § 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, … 692, 224 N.W.2d 167 (1974). State v. Kantaras, 294 Neb. Rev. 184, 302 N.W.2d 701 (1981). §29-2268. 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 … Stat. 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. State v. Keen, 196 Neb. 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. (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. Section 29-2204.02 - Sentence for ... and (3) of section 29-2260. § 29-2260 (Supp. 673, 254 N.W.2d 698 (1977). (1) Whenever a person is adjudicated to be as described in Certain juveniles; disposition; certain offenders; sentence of probation, when. § 29-2320 (Reissue 1995), the State has appealed on grounds that the sentence is excessively lenient, both factually and as a matter of law. §§ 28-105(1) (Cum. 29-2260, then the penalty is 0 years to 2 years imprisonment and 9-12 months Post Release Supervision, or max … Rev. Please check official sources. 875, 408 N.W.2d 327 (1987). 450, 462 N.W.2d 423 (1990). Google Chrome, Stat. § 29–2260 … Neb. 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. Certain juveniles; disposition; certain offenders; sentence of probation, when. (2) § 29-2260 (Supp. 493, 197 N.W.2d 703 (1972). 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… 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. Neb. Stat. Stat. Rev. Current with effective changes from the 2020 Legislative Session through 8/17/2020. Neb. 714, 193 N.W.2d 558 (1972). 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