Neb. Rev. Stat. » Chapter 29

Neb. Rev. Stat. § 29-2323

Appeal of sentence by prosecutor; sentencing alternatives

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Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:

(1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and:

(a) Remand the case for imposition of a greater sentence;

(b) Remand the case for further sentencing proceedings; or

(c) Impose a greater sentence; or

(2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence.

Notes of Decisions
Cited in 21 cases, 1986–2018 · leading case: State v. Kennedy
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State v. Kennedy (2018) neb · cites it 2× “32 Pursuant to Neb. Rev. Stat. § 29-2323 (1) (Reissue 2016), if an appellate court determines a sentence is excessively lenient, it may set aside the sentence and either (a) remand the case for imposition of a greater sentence, (b) remand the case for further sentencing…”
State v. Fields (2004) neb · cites it 3× “Under Neb. Rev. Stat. § 29-2323 (Reissue 1995), when an appellate court determines that a sentence imposed is excessively lenient, it shall either (1) remand the cause for imposition of a greater sentence, (2) remand the cause for further sentencing proceedings, or (3) impose a…”
State v. Hense (2008) neb · cites it 2× “§ 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. The State chose not to proceed under the excessively lenient statutes in this felony…”
State v. Vasquez (2006) neb · cites it 2× “Under Neb. Rev. Stat. § 29-2323 (Reissue 1995), this court may set aside an excessively lenient sentence and either impose a greater sentence or remand the cause.”
State v. Rice (2005) neb · cites it 2× “In this circumstance, Neb. Rev. Stat. § 29-2323 (Reissue 1995) permits an appellate court to set aside the sentence and either (1) remand the cause for imposition of a greater sentence, (2) remand the cause for further sentencing proceedings, or (3) impose a greater sentence.”
State v. Moore (2008) neb · cites it 2× “In this *796 circumstance, Neb. Rev. Stat. § 29-2323 (Reissue 1995) permits aii appellate court to set aside the sentence and either (1) remand the cause for imposition of a greater sentence, (2) remand the cause for further sentencing proceedings, or (3) impose a greater…”
State v. Hamik (2001) neb · cites it 2× “Accordingly, pursuant to Neb. Rev. Stat. § 29-2323 (1)(a) (Reissue 1995), we vacate the sentence of probation and remand the cause to the district court with directions to impose a greater sentence.”
State v. Stafford (2009) neb · cites it 2× “[15] See Neb.Rev.Stat. § 29-2323 (Reissue 2008). [1] State v.”
State v. Vela (2017) neb “We further stated in our opinion in his direct appeal that Vela was not on trial for the murder of Lundell and instead that “Vela’s involvement in the Lundell murder was simply the evidence by which the State sought to prove aggravating circumstance § 29-2323(1)(a), a…”
State v. Wojcik (1991) neb · cites it 3× “Pursuant to Neb. Rev. Stat. § 29-2320 (Reissue 1989), the State has appealed, claims that the sentence of probation is too lenient, and requests this court to set aside Wojcik’s sentence and impose an appropriate sentence under the circumstances.”
State v. Winsley (1986) neb · cites it 2× “§ 29-2323 (1) (Reissue 1985) provides: If [the Supreme Court] determines that the sentence imposed is excessively lenient, [it may] set aside the sentence, and: (a) Remand the case for imposition of a greater sentence; (b) Remand the case for further sentencing proceedings; or…”
State v. Dobbins (1986) neb · cites it 2× “The appeal is properly filed under Neb. Rev. Stat. § 29-2321 (Cum. Supp. 1984), and this court has the following options under Neb.”
Show all 21 citing cases →
— Neb. Rev. Stat. § 29-2323(1) — 1 case
State v. Fields (2004) neb “Under Neb. Rev. Stat. § 29-2323 (Reissue 1995), when an appellate court determines that a sentence imposed is excessively lenient, it shall either (1) remand the cause for imposition of a greater sentence, (2) remand the cause for further sentencing proceedings, or (3) impose a…”
— Neb. Rev. Stat. § 29-2323(1)(a) — 2 cases
State v. Vela (2017) neb “We further stated in our opinion in his direct appeal that Vela was not on trial for the murder of Lundell and instead that “Vela’s involvement in the Lundell murder was simply the evidence by which the State sought to prove aggravating circumstance § 29-2323(1)(a), a…”
State v. Hatt (2008) nebctapp
— Neb. Rev. Stat. § 29-2323(l)(a) — 1 case
State v. Harrison (1998) nebctapp
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