State v. Randall

Nebraska Supreme Court

State v. Randall

302 N.W.2d 733, 208 Neb. 248, 1981 Neb. LEXIS 781

CourtNebraska Supreme Court

DecidedMarch 6, 1981

Docket43532

StatusPublished

Cited by6 cases

This text of 302 N.W.2d 733 (State v. Randall) 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.

Bluebook

State v. Randall, 302 N.W.2d 733, 208 Neb. 248, 1981 Neb. LEXIS 781 (Neb. 1981).

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Krivosha, C.J.

The appellant, Kevin Dean Randall, was charged with the crime of murder in the first degree. Following plea-bargaining negotiations, the State of Nebraska filed an amended information charging Randall with murder in the second degree, to which he entered a plea of guilty. After receiving a presentence investigation and evaluation, the court sentenced Randall to a term of imprisonment in the Nebraska Penal and Correctional Complex for a period of not less than 30 years nor more than his natural life. It is from this sentence which appellant has appealed, maintaining that the trial court erred in imposing an indeterminate sentence of not less than 30 years nor more than life imprisonment, and for the further reason that the trial court abused its discretion by imposing a sentence allegedly in excess of the facts and circumstances of the case.

[249]*249In view of our decision in the case of State v. Laravie, 192 Neb. 625, 223 N.W.2d 435 (1974), we need only consider Randall’s first assignment of error. In Laravie, supra at 628, 223 N.W.2d at 437, we held that: “Under present statutes, upon conviction for second degree murder, the court is not authorized to pronounce an indeterminate sentence. The court may impose a sentence of a definite term of years, not less than the minimum authorized by law; or, in the alternative, may impose a sentence of life imprisonment.” The record clearly reflects that the sentence in this case is in conflict with our holding in Laravie. Accordingly, we must therefore reverse the instant matter and remand the case back to the District Court with instructions to impose a sentence in accordance with the standards set out in State v. Laravie, supra.

Having thus disposed of the matter on this basis, we need not now consider Randall’s second assignment of error.

Reversed and remanded with directions.

White, J., concurs in result.

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Krivosha, C.J.

The appellant, Kevin Dean Randall, was charged with the crime of murder in the first degree. Following plea-bargaining negotiations, the State of Nebraska filed an amended information charging Randall with murder in the second degree, to which he entered a plea of guilty. After receiving a presentence investigation and evaluation, the court sentenced Randall to a term of imprisonment in the Nebraska Penal and Correctional Complex for a period of not less than 30 years nor more than his natural life. It is from this sentence which appellant has appealed, maintaining that the trial court erred in imposing an indeterminate sentence of not less than 30 years nor more than life imprisonment, and for the further reason that the trial court abused its discretion by imposing a sentence allegedly in excess of the facts and circumstances of the case.

[249]*249In view of our decision in the case of State v. Laravie, 192 Neb. 625, 223 N.W.2d 435 (1974), we need only consider Randall’s first assignment of error. In Laravie, supra at 628, 223 N.W.2d at 437, we held that: “Under present statutes, upon conviction for second degree murder, the court is not authorized to pronounce an indeterminate sentence. The court may impose a sentence of a definite term of years, not less than the minimum authorized by law; or, in the alternative, may impose a sentence of life imprisonment.” The record clearly reflects that the sentence in this case is in conflict with our holding in Laravie. Accordingly, we must therefore reverse the instant matter and remand the case back to the District Court with instructions to impose a sentence in accordance with the standards set out in State v. Laravie, supra.

Having thus disposed of the matter on this basis, we need not now consider Randall’s second assignment of error.

Reversed and remanded with directions.

White, J., concurs in result.

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302 N.W.2d 733, 208 Neb. 248, 1981 Neb. LEXIS 781, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-randall-neb-1981.

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