(1) Appeals under sections 29-2320 to 29-2325 shall
be taken, by either the Attorney
General or the prosecuting attorney, as follows:
(a) If the
appeal is filed by the Attorney General, a notice of appeal shall be filed
in the district court within twenty days after imposition of the sentence.
A copy of the notice of appeal shall be sent to either the defendant or counsel
for the defendant; or
(b)
If the prosecuting attorney wishes to file the appeal, he or she, within ten
days after imposition of the sentence, shall
request approval from the Attorney General to proceed with the appeal. A copy of the request
for approval shall be sent to the defendant or counsel for the defendant.
(2) If the Attorney General approves the request described
in subdivision (1)(b) of this section, the
prosecuting attorney shall file a notice of appeal indicating such approval
in the district court. Such notice of appeal must be filed within twenty days
of the imposition of sentence. A copy of the notice of appeal shall be sent
to the defendant or counsel for the defendant.
(3) If the Attorney General does not approve the request
described in subdivision (1)(b) of this section, an
appeal under sections 29-2320 to 29-2325 shall not be permitted.
(4) In addition to such notice of appeal, the docket fee
required by section 33-103 shall be deposited with the clerk of the district
court.
(5) Upon
compliance with the requirements of this section, the appeal shall proceed
as provided by law for appeals to the Court of Appeals.
Notes of Decisions
Cited in
11
cases (
1 in the last 5 years), 1986–2021 · leading case:
State v. Guzman
State v. Guzman (2020)
neb · cites it 5×
“2018) or Neb. Rev. Stat. § 29-2321 (Reissue 2016), the State may not assert such error via a cross-appeal.”
State v. Gibson (2019)
neb · cites it 2×
“The State appealed Gibson's sentence under Neb. Rev. Stat. § 29-2321 (Reissue 2016) as excessively lenient.”
State v. Starks (2021)
neb · cites it 4×
“2020) or Neb. Rev. Stat. § 29-2321 (Reissue 2016), an appellate court considers the State’s suggestion of error to the extent that the court chooses, at its option, to notice plain error.”
State v. Dobbins (1986)
neb · cites it 4×
“The appeal is properly filed under Neb. Rev. Stat. § 29-2321 (Cum. Supp. 1984), and this court has the following options under Neb.”
State v. Caniglia (2006)
nebctapp · cites it 2×
“See Neb. Rev. Stat. § 29-2321 (Cum. Supp. 2004) (appeal must be filed by prosecuting attorney within 20 days of imposition of sentence).”
State v. Rivera (2006)
nebctapp · cites it 4×
“Rivera’s brief speculates that because of some perceived need to meet the requirements of § 29-2321, which requirements we discuss below, the Attorney General himself instigated the appointment of his assistant as a special deputy county attorney.”
State v. Alvaro (2020)
nebctapp · cites it 3×
“2018) or Neb. Rev. Stat. § 29-2321 (Reissue 2016).”
State v. Gibson (2019)
neb · cites it 2×
“The State appealed Gibson’s sentence under Neb. Rev. Stat. § 29-2321 (Reissue 2016) as excessively lenient.”
State v. Gibson (2019)
neb · cites it 2×
“The State appealed Gibson’s sentence under Neb. Rev. Stat. § 29-2321 (Reissue 2016) as excessively lenient.”
State v. Trampe (2019)
nebctapp · cites it 2×
“There were various terms and conditions of the probation, one of which was that Trampe serve 30 days in jail, with 1 day of credit for time served. Trampe was also ordered to comply with the Sex Offender Registration Act.”
State v. Anderson (2010)
nebctapp · cites it 2×
“At the sentencing hearing held on August 4, the district court ordered that Anderson be sentenced to community-based intervention (probation) for a period of 5 years and, among other conditions, ordered that Anderson serve 60 days in the county jail, with credit for 3 days…”
— Neb. Rev. Stat. § 29-2321(1)(b) — 1 case
State v. Anderson (2010)
nebctapp
“At the sentencing hearing held on August 4, the district court ordered that Anderson be sentenced to community-based intervention (probation) for a period of 5 years and, among other conditions, ordered that Anderson serve 60 days in the county jail, with credit for 3 days…”
Annotations are extracted automatically from the opinions in the
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treatment. Dots show Syfertize treatment of the citing case itself.