(1) Except when a term of probation is required by law as provided in subsection (2) of this section or except as otherwise provided in subsection (4) of this section, in imposing a sentence upon an offender for a Class III, IIIA, or IV felony, the court shall:
(a) Impose a determinate sentence of imprisonment within the applicable range in section 28-105; and
(b) Impose a sentence of post-release supervision, under the jurisdiction of the Office of Probation Administration, within the applicable range in section 28-105.
(2) If the criminal offense is a Class IV felony, the court shall impose a sentence of probation unless:
(a) The defendant is concurrently or consecutively sentenced to imprisonment for any felony other than another Class IV felony;
(b) The defendant was originally charged with a Class I, IA, IB, IC, ID, II, IIA, III, or IIIA felony;
(c) The defendant has been deemed a habitual criminal pursuant to section 29-2221; or
(d) There are substantial and compelling reasons why the defendant cannot effectively and safely be supervised in the community, including, but not limited to, the criteria in subsections (2) and (3) of section 29-2260. Unless other reasons are found to be present, that the offender has not previously succeeded on probation is not, standing alone, a substantial and compelling reason.
(3) If a sentence of probation is not imposed, the court shall state its reasoning on the record, advise the defendant of his or her right to appeal the sentence, and impose a sentence as provided in subsection (1) of this section.
(4) For any sentence of imprisonment for a Class III, IIIA, or IV felony for an offense committed on or after August 30, 2015, imposed consecutively or concurrently with (a) a sentence for a Class III, IIIA, or IV felony for an offense committed prior to August 30, 2015, or (b) a sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony, the court shall impose an indeterminate sentence within the applicable range in section 28-105 that does not include a period of post-release supervision, in accordance with the process set forth in section 29-2204.
(5) For any sentence of imprisonment for a misdemeanor imposed consecutively or concurrently with a sentence of imprisonment for a Class III, IIIA, or IV felony for an offense committed on or after August 30, 2015, the court shall impose a determinate sentence within the applicable range in section 28-106 unless the person is also committed to the Department of Correctional Services in accordance with section 29-2204 for (a) a sentence of imprisonment for a Class III, IIIA, or IV felony committed prior to August 30, 2015, or (b) a sentence of imprisonment for a Class I, IA, IB, IC, ID, II, or IIA felony.
(6) If the defendant was under eighteen years of age at the time he or she committed the crime for which he or she was convicted, the court may, in its discretion, instead of imposing the penalty provided for the crime, make such disposition of the defendant as the court deems proper under the Nebraska Juvenile Code.
(7)(a) When imposing a determinate sentence upon an offender under this section, the court shall:
(i) Advise the offender on the record the time the offender will serve on his or her term of imprisonment before his or her term of post-release supervision assuming that no good time for which the offender will be eligible is lost;
(ii) Advise the offender on the record the time the offender will serve on his or her term of post-release supervision; and
(iii) When imposing a sentence following revocation of post-release supervision, advise the offender on the record the time the offender will serve on his or her term of imprisonment, including credit for time served, assuming that no good time for which the offender will be eligible is lost.
(b) If a period of post-release supervision is required but not imposed by the sentencing court, the term of post-release supervision shall be the minimum provided by law.
(c) If the court imposes more than one sentence upon an offender or imposes a sentence upon an offender who is at that time serving another sentence, the court shall state whether the sentences are to be concurrent or consecutive.
(d) If the offender has been sentenced to two or more determinate sentences and one or more terms of post-release supervision, the offender shall serve all determinate sentences before being released on post-release supervision.
Notes of Decisions
Cited in
121
cases (
50 in the last 5 years), 2016–2026 · leading case:
State v. Baxter
State v. Baxter (2017)
neb · cites it 42×
“A determination of whether there are sub- stantial and compelling reasons under Neb. Rev. Stat. § 29-2204.02 (2)(c) (Supp.”
State v. Benavides (2016)
neb · cites it 20×
“The pre- sumption under Neb. Rev. Stat. § 29-2204.02 (Supp. 2015) in favor of probation for Class IV felony convictions unless an exception applies is a penalty change.”
State v. Artis (2017)
neb · cites it 19×
“While Artis’ appeal was pending, a legislative bill1 was enacted, which, among other things, amended Neb. Rev. Stat. § 29-2204.02 (Reissue 2016) to provide that “the court shall impose an indeterminate sentence” for Class IV felonies 1 2016 Neb.”
State v. Vanness (2018)
neb · cites it 5×
“Specifically, the convictions on Counts 1, 2, and 3 should have been determinate sentences under Neb. Rev. Stat. § 29-2204.02 (1)(a) (Supp.”
State v. Starks (2021)
neb · cites it 10×
“The State notes that the determinate sentences for Starks’ Class IV felonies may have violated Neb. Rev. Stat. § 29-2204.02 (Reissue 2016).”
State v. Brown (2018)
neb · cites it 7×
“02 (4) (Reissue 2016), which provides: For any sentence of imprisonment for a Class III, IIIA, or IV felony for an offense committed on or after August 30, 2015, imposed consecutively or concurrently with (a) a sentence for a Class III, IIIA, or IV felony for an offense…”
State v. Raatz (2016)
neb · cites it 13×
“605, Neb. Rev. Stat. § 29-2204.02 (Supp. 2015) required probation for Class IV felonies absent substantial and compel- ling reasons that would prevent effective and safe supervision in the community.”
State v. Mora (2017)
neb · cites it 5×
“According to the State, Neb. Rev. Stat. § 29-2204.02 (4) (Reissue 2016) required the district court to impose an indeterminate sentence.”
State v. Thompson (2018)
neb · cites it 3×
“But the sentences imposed for Thompson's convictions on counts 2 and 3, both counts of child abuse resulting in serious bodily injury, a Class II felony, were not indeterminate as required under § 29-2204.02 ; rather, Thompson was sentenced to a determinate sentence of 3 years'…”
In re Interest of Tyrone K. (2016)
neb · cites it 3×
“Neb. Rev. Stat. § 29-2204.02 (4) (Supp. 2015) provides: If the defendant was under eighteen years of age at the time he or she committed the crime for which he or she was convicted, the court may, in its discretion, instead of imposing the penalty provided for the crime, make…”
State v. Pauly (2022)
neb · cites it 6×
“In sentencing Pauly, the court referenced Neb. Rev. Stat. § 29-2204.02 (6) (Reissue 2016), which states: [I]f the defendant was under 18 years of age at the time he or she committed the crime for which he or she is con- victed, the court may, in its discretion, instead of impos-…”
State v. McGovern (2022)
neb · cites it 8×
“75 Neb. Rev. Stat. § 29-2204.02 (2)(c) (Reissue 2016).”
— Neb. Rev. Stat. § 29-2204.02(1) — 5 cases
State v. Vanness (2018)
neb
“Specifically, the convictions on Counts 1, 2, and 3 should have been determinate sentences under Neb. Rev. Stat. § 29-2204.02 (1)(a) (Supp.”
— Neb. Rev. Stat. § 29-2204.02(1)(a) — 5 cases
State v. Vanness (2018)
neb
“Specifically, the convictions on Counts 1, 2, and 3 should have been determinate sentences under Neb. Rev. Stat. § 29-2204.02 (1)(a) (Supp.”
— Neb. Rev. Stat. § 29-2204.02(1)(b) — 3 cases
— Neb. Rev. Stat. § 29-2204.02(2) — 11 cases
State v. Baxter (2017)
neb
“A determination of whether there are sub- stantial and compelling reasons under Neb. Rev. Stat. § 29-2204.02 (2)(c) (Supp.”
State v. Raatz (2016)
neb
“605, Neb. Rev. Stat. § 29-2204.02 (Supp. 2015) required probation for Class IV felonies absent substantial and compel- ling reasons that would prevent effective and safe supervision in the community.”
State v. McGovern (2022)
neb
“75 Neb. Rev. Stat. § 29-2204.02 (2)(c) (Reissue 2016).”
— Neb. Rev. Stat. § 29-2204.02(2)(a) — 4 cases
— Neb. Rev. Stat. § 29-2204.02(2)(c) — 12 cases
State v. Baxter (2017)
neb
“A determination of whether there are sub- stantial and compelling reasons under Neb. Rev. Stat. § 29-2204.02 (2)(c) (Supp.”
State v. McGovern (2022)
neb
“75 Neb. Rev. Stat. § 29-2204.02 (2)(c) (Reissue 2016).”
— Neb. Rev. Stat. § 29-2204.02(3) — 10 cases
State v. Baxter (2017)
neb
“A determination of whether there are sub- stantial and compelling reasons under Neb. Rev. Stat. § 29-2204.02 (2)(c) (Supp.”
— Neb. Rev. Stat. § 29-2204.02(4) — 33 cases
State v. Artis (2017)
neb
“While Artis’ appeal was pending, a legislative bill1 was enacted, which, among other things, amended Neb. Rev. Stat. § 29-2204.02 (Reissue 2016) to provide that “the court shall impose an indeterminate sentence” for Class IV felonies 1 2016 Neb.”
State v. Brown (2018)
neb
“02 (4) (Reissue 2016), which provides: For any sentence of imprisonment for a Class III, IIIA, or IV felony for an offense committed on or after August 30, 2015, imposed consecutively or concurrently with (a) a sentence for a Class III, IIIA, or IV felony for an offense…”
State v. Starks (2021)
neb
“The State notes that the determinate sentences for Starks’ Class IV felonies may have violated Neb. Rev. Stat. § 29-2204.02 (Reissue 2016).”
State v. Thompson (2018)
neb
“But the sentences imposed for Thompson's convictions on counts 2 and 3, both counts of child abuse resulting in serious bodily injury, a Class II felony, were not indeterminate as required under § 29-2204.02 ; rather, Thompson was sentenced to a determinate sentence of 3 years'…”
State v. Mora (2017)
neb
“According to the State, Neb. Rev. Stat. § 29-2204.02 (4) (Reissue 2016) required the district court to impose an indeterminate sentence.”
— Neb. Rev. Stat. § 29-2204.02(4)(a) — 1 case
— Neb. Rev. Stat. § 29-2204.02(4)(b) — 3 cases
— Neb. Rev. Stat. § 29-2204.02(5) — 7 cases
— Neb. Rev. Stat. § 29-2204.02(6) — 1 case
State v. Pauly (2022)
neb
“In sentencing Pauly, the court referenced Neb. Rev. Stat. § 29-2204.02 (6) (Reissue 2016), which states: [I]f the defendant was under 18 years of age at the time he or she committed the crime for which he or she is con- victed, the court may, in its discretion, instead of impos-…”
— Neb. Rev. Stat. § 29-2204.02(7) — 1 case
— Neb. Rev. Stat. § 29-2204.02(7)(a) — 1 case
— Neb. Rev. Stat. § 29-2204.02(7)(b) — 2 cases
— Neb. Rev. Stat. § 29-2204.02(7)(c) — 2 cases
— Neb. Rev. Stat. § 29-2204.02(7)(d) — 2 cases
— Neb. Rev. Stat. § 29-2204.02(c) — 1 case
Annotations are extracted automatically from the opinions in the
Syfert caselaw corpus and ranked by authority, recency, and
treatment. Dots show Syfertize treatment of the citing case itself.