Every person sentenced to the Department of Correctional Services shall, within thirty days, and as early as practicable after his sentence, unless the execution thereof be suspended, be conveyed to the facility designated by the Director of Correctional Services by the sheriff of the county in which the conviction took place, and shall there be delivered into the custody of the division, together with a copy of the sentence of the court ordering such imprisonment, there to be safely kept until the term of his confinement shall have expired, or he shall be pardoned. If the execution of the sentence be suspended and the judgment is afterward affirmed, the defendant shall be conveyed to the facility designated by the director within thirty days after the court shall direct the sentence to be executed.
Notes of Decisions
Cited in
9
cases (
1 in the last 5 years), 1942–2024 · leading case:
State v. Addison, 249 N.W.2d 746 (Neb. 1977).
State v. Addison, 249 N.W.2d 746 (Neb. 1977).
· cites it 6× “1943), provides that within 30 days after sentence, unless execution thereof be suspended, the convicted person shall be delivered to the warden of the penitentiary, together with a copy of the sentence of the court, there to be kept until the sentence is served or a pardon…”
State v. Jackson, 291 Neb. 908 (Neb. 2015).
· cites it 2× “con- stitutes the authority of the warden to retain the [prisoner].”36 When a judgment includes a statement of the nature of the imprisonment imposed and the duration thereof, it fulfills all purposes contemplated by the relevant statute, Neb.”
Logan v. Dep't of Corr. Servs., 578 N.W.2d 44 (Neb. 1998).
“§§ 29-2401 (Reissue 1995) and 83-1,118(4) (Reissue 1994) and that such interpretation violated his right to due process.”
State v. Bundy, 147 N.W.2d 500 (Neb. 1966).
· cites it 4× “Another statute, section 29-2401, Comp. St. 1929 (now section 29-2401, R.”
Mullins v. Box Butte Cnty., 317 Neb. 937 (Neb. 2024).
“§ 83-1 ,110 (Reissue 1976), for the purposes of good time, consecutive sentences must be “consolidated,” 14 and by 1983, we suc- cinctly stated that “an offender’s sentence, for the purpose of good time computations, [is] the sum of all sentences [the offender] receives,…”
Rains v. State, 5 N.W.2d 887 (Neb. 1942).
· cites it 2× “Another statute, section 29-2401, Comp. St. 1929, provides *290 that within 30 days after sentence, unless execution thereof be suspended, the convicted person shall be delivered to the warden of the penitentiary, together with a copy of the sentence of the court, there to be…”
Rhodes v. Van Steenberg, 225 F. Supp. 113 (D. Neb. 1963).
· cites it 2× “1943, Reissue of 1956, and also of Section 29-2401 of such statute; and ■(b) for stay of execution of the sentence pending the making of an application to the Supreme Court of the United States for a writ of certiorari.”
State v. Rathbun, 287 N.W.2d 445 (Neb. 1980).
“§ 29-2401, R. R. S. 1943. We note in passing that under the provisions of the Nebraska Criminal Code, effective January 1, 1979, places of confinement are defined with more specificity.”
State v. Carpenter, 185 N.W.2d 663 (Neb. 1971).
“See § 29-2401, R. S. Supp., 1969. The State perfected the appeal.”
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