State v. Ward

Nebraska Supreme Court

State v. Ward

415 N.W.2d 151, 226 Neb. 809, 1987 Neb. LEXIS 1075

CourtNebraska Supreme Court

DecidedNovember 6, 1987

Docket87-511

StatusPublished

Cited by4 cases

This text of 415 N.W.2d 151 (State v. Ward) 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. Ward, 415 N.W.2d 151, 226 Neb. 809, 1987 Neb. LEXIS 1075 (Neb. 1987).

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Opinion

Per Curiam.

Defendant, Kevin J. Ward, was adjudged guilty of second degree murder and ordered to “serve an indeterminate sentence of thirteen to sixteen years” at the Nebraska Penal and Correctional Complex. He appeals and assigns that sentence as error, which the State has confessed by filing a motion to correct the same.

.Neb. Rev. Stat. § 28-304(2) (Reissue 1985) defines murder in . -,c second degree as a Class IB felony. The penalty authorized uy Neb. Rev. Stat. § 28-105 (Reissue 1985) for such a felony is “Maximum-life imprisonment Minimum-ten years imprisonment.” We have therefore held that a court is not authorized to sentence one convicted of second degree murder to an indeterminate sentence, but must sentence such a person to imprisonment either for life or for a definite term of not less than 10 years. State v. Moss, 219 Neb. 327, 363 N.W.2d 367 (1985); State v. Laravie, 192 Neb. 625, 223 N.W.2d 435 (1974).

As the sentence imposed upon the defendant is clearly invalid, defendant’s assignment of error is sustained. *810 Accordingly, the sentence is vacated and the cause remanded to the district court for resentencing.

Sentence vacated, and cause

REMANDED FOR RESENTENCING.

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Per Curiam.

Defendant, Kevin J. Ward, was adjudged guilty of second degree murder and ordered to “serve an indeterminate sentence of thirteen to sixteen years” at the Nebraska Penal and Correctional Complex. He appeals and assigns that sentence as error, which the State has confessed by filing a motion to correct the same.

.Neb. Rev. Stat. § 28-304(2) (Reissue 1985) defines murder in . -,c second degree as a Class IB felony. The penalty authorized uy Neb. Rev. Stat. § 28-105 (Reissue 1985) for such a felony is “Maximum-life imprisonment Minimum-ten years imprisonment.” We have therefore held that a court is not authorized to sentence one convicted of second degree murder to an indeterminate sentence, but must sentence such a person to imprisonment either for life or for a definite term of not less than 10 years. State v. Moss, 219 Neb. 327, 363 N.W.2d 367 (1985); State v. Laravie, 192 Neb. 625, 223 N.W.2d 435 (1974).

As the sentence imposed upon the defendant is clearly invalid, defendant’s assignment of error is sustained. *810 Accordingly, the sentence is vacated and the cause remanded to the district court for resentencing.

Sentence vacated, and cause

REMANDED FOR RESENTENCING.

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Bluebook (online)

415 N.W.2d 151, 226 Neb. 809, 1987 Neb. LEXIS 1075, Counsel Stack Legal Research, https://law.counselstack.com/opinion/state-v-ward-neb-1987.

Opinion

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