Neb. Rev. Stat. » Chapter 29

Neb. Rev. Stat. § 29-2320

Appeal of sentence by prosecuting attorney or Attorney General; when authorized

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Whenever a defendant is found guilty of a felony following a trial or the entry of a plea of guilty or tendering a plea of nolo contendere, the prosecuting attorney charged with the prosecution of such defendant or the Attorney General may appeal the sentence imposed if there is a reasonable belief, based on all of the facts and circumstances of the particular case, that the sentence is excessively lenient.

Notes of Decisions
Cited in 46 cases (1 in the last 5 years), 1984–2022 · leading case: State v. Caniglia
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State v. Caniglia (2006) neb · cites it 21× “” The State filed an appeal, relying on Neb. Rev. Stat. § 29-2320 (Cum. Supp. 2004) as the basis for jurisdiction.”
State v. Kennedy (2018) neb · cites it 6× “3 See Neb. Rev. Stat. §§ 29-2320 and 29-2321 (Reissue 2016).”
State v. Stafford (2009) neb · cites it 19× “Instead, the State appealed pursuant to Neb.Rev.Stat. § 29-2320 (Reissue 2008), claiming that the sentence imposed was excessively lenient.”
State v. Alford (2009) neb · cites it 9× “" Citing to this provision, as well as to Alford's criminal history, the State seeks reversal of this credit for time served as giving Alford an "excessively lenient" sentence under Neb. Rev. Stat. § 29-2320 (Reissue 2008).”
State v. Hense (2008) neb · cites it 4× “Under Neb. Rev. Stat. § 29-2323 (Reissue 1995), the Legislature has specifically granted the court authority to set aside an excessively lenient sentence and either impose a greater sentence or remand the cause.”
State v. Vasquez (2006) neb · cites it 4× “court could modify the district court’s sentence if this appeal had been brought under Neb. Rev. Stat. § 29-2320 (Cum. Supp. 2004), the Legislature specifically limited this court’s authority to do so under § 29-2316.”
State v. Thompson (2007) nebctapp · cites it 4× “Section 29-2320 provides that the prosecuting attorney in a felony case may appeal the sentence imposed “if such attorney reasonably believes, based on all of the facts and circumstances of the particular case, that the sentence is excessively lenient.”
State v. Reynolds (1990) neb · cites it 4× “See Neb. Rev. Stat. § 29-2320 (Reissue 1989) (prosecutor’s appeal of defendant’s sentence).”
Glantz v. Hopkins (2001) neb · cites it 4× “Neb. Rev. Stat. § 29-2320 (Reissue 1995) provides for appeal of a sentence by a prosecutor and limits such appeals to cases where the prosecutor reasonably believes that the sentence is excessively lenient.”
State v. Guzman (2020) neb · cites it 2× “And here, the State did not comply with the statutory prerequisites to appeal, 16 the dictates of which are to be strictly construed against the government.”
State v. Hamik (2001) neb · cites it 3× “Pursuant to Neb. Rev. Stat. § 29-2320 (Reissue 1995), the State has appealed on grounds that the sentence is excessively lenient, both factually and as a matter of law.”
State v. Jallen (1984) neb · cites it 4× “The appeal herein taken by the State is based on Neb. Rev. Stat §§ 29-2320 to 29-2325 (Cum.”
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