State v. Egger

449 N.W.2d 558, 234 Neb. 175, 1989 Neb. LEXIS 484

Opinion

Per Curiam.

Appellant was convicted of making a terroristic threat, see Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), a Class IV felony punishable by up to 5 years’ imprisonment, up to a $10,000 fine, or both, and use of a firearm to commit a felony, see Neb. Rev. Stat. § 28-1205 (Reissue 1985), a Class III felony punishable by 1 to 20 years’ imprisonment, up to a $25,000 fine, or both. He was sentenced to 2 years in the penal complex. He was not sentenced to a separate consecutive term on the firearm charge, as required by statute. See, State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985); § 28-1205(3).

Therefore, the matter must be remanded to the district court for resentencing.

Remanded with directions.