State v. Egger
This text of 449 N.W.2d 558 (State v. Egger) is published on Counsel Stack Legal Research, covering Nebraska Supreme Court primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Opinion
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.
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Cite This Page — Counsel Stack
449 N.W.2d 558, 234 Neb. 175, 1989 Neb. LEXIS 484, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-egger-neb-1989.