State v. Kaba

315 N.W.2d 456, 210 Neb. 503, 1982 Neb. LEXIS 936

• Court: Nebraska Supreme Court
• Decided: January 29, 1982
• Docket: 44497, 44498
• Status: Published

Opinion

White, J.

The defendant, Kenneth Kaba, was charged with issuing two bad checks on or about February 21, 1980, in violation of Neb. Rev. Stat. § 28-611(1) (Reissue 1979). In each case the defendant was charged with issuing the check, knowing he did not have sufficient funds and/or credit with the drawee bank for payment of the check. The checks were issued in payment for cattle purchased, and totaled $58,680.

Trial was had to the District Court for Holt County, Nebraska, sitting without a jury. The District Court found the defendant guilty of both charges. The District Court overruled defendant’s motion for new trial and deferred sentencing pending an evaluation under Neb. Rev. Stat. § 83-1,105(3) (Reissue 1976). The court then deferred defendant’s delivery to the penal complex for such evaluation until after the defendant appealed to this court.

We have previously said that before a criminal matter may be appealed to this court, there must be a final judgment. No judgment will be regarded as final unless a sentence is pronounced. Kennedy v. State, 170 Neb. 193, 101 N.W.2d 853 (1960); State v. Shaw, 202 Neb. 766, 277 N.W.2d 106 (1979).

The defendant in this case did not challenge the constitutionality of § 83-1,105(3). Since there is no final judgment, this court does not have jurisdiction over this appeal and we therefore dismiss.

Appeal dismissed.