§ 29-2302 — Misdemeanor cases; appeal; recognizance

Nebraska § 29-2302

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in all cases shall be reasonable, conditioned that the appeal shall be prosecuted without delay and that in case the judgment is affirmed he, she, or they will abide, do, and perform the judgment and sentence of the district court.

Legislative History

Source: G.S.1873, c. 58, § 504, p. 834; R.S.1913, § 9173; Laws 1917, c. 149, § 1, p. 344; C.S.1922, § 10180; C.S.1929, § 29-2302; R.S.1943, § 29-2302; Laws 1982, LB 722, § 4; Laws 1991, LB 732, § 76. Annotations: Right of review in criminal case has statutory limitation of one month. Cunningham v. State, 153 Neb. 912, 46 N.W.2d 636 (1951). Supersedeas bond is not satisfied by surrender of body of defendant prior to issuance of execution and return thereof unsatisfied in whole or in part. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926). Factors to be considered in determining the reasonableness of a defendant's appeal bond following a misdemeanor conviction include the atrocity of the defendant's offenses, the probability of the defendant's appearance to serve his or her sentence following the conclusion of his or her appeal, the defendant's prior criminal history, and the nature of the other circumstances surrounding the case. State v. Kirby, 25 Neb. App. 10, 901 N.W.2d 704 (2017). Reasonableness of the appeal bond amount is determined under the general discretion of the district court. State v. Kirby, 25 Neb. App. 10, 901 N.W.2d 704 (2017).