Nebraska Statutes
§ 29-2323 — Appeal of sentence by prosecutor; sentencing alternatives
Nebraska § 29-2323
JurisdictionNebraska
Ch. 29Criminal Procedure
This text of Nebraska § 29-2323 (Appeal of sentence by prosecutor; sentencing alternatives) is published on Counsel Stack Legal Research, covering Nebraska primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.
Bluebook
Neb. Rev. Stat. § 29-2323 (2026).
Text
Upon consideration of the criteria enumerated in section 29-2322 , the appellate court shall:
(1)If it determines that the sentence imposed is excessively lenient, set aside the sentence, and:
(a)Remand the case for imposition of a greater sentence;
(b)Remand the case for further sentencing proceedings; or
(c)Impose a greater sentence; or
(2)If it determines that the sentence imposed is not excessively lenient, affirm the sentence.
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Related
State v. Hense
753 N.W.2d 832 (Nebraska Supreme Court, 2008)
State v. Vasquez
716 N.W.2d 443 (Nebraska Supreme Court, 2006)
State v. Fields
688 N.W.2d 878 (Nebraska Supreme Court, 2004)
State v. Moore
743 N.W.2d 375 (Nebraska Supreme Court, 2008)
State v. Rice
695 N.W.2d 418 (Nebraska Supreme Court, 2005)
State v. Hamik
635 N.W.2d 123 (Nebraska Supreme Court, 2001)
State v. Stafford
767 N.W.2d 507 (Nebraska Supreme Court, 2009)
State v. Dobbins
380 N.W.2d 640 (Nebraska Supreme Court, 1986)
State v. Winsley
393 N.W.2d 723 (Nebraska Supreme Court, 1986)
State v. Foral
462 N.W.2d 626 (Nebraska Supreme Court, 1990)
State v. Wojcik
472 N.W.2d 732 (Nebraska Supreme Court, 1991)
State v. Silva
584 N.W.2d 665 (Nebraska Court of Appeals, 1998)
State v. Charles
691 N.W.2d 567 (Nebraska Court of Appeals, 2005)
State v. Hatt
744 N.W.2d 493 (Nebraska Court of Appeals, 2008)
State v. Harrison
583 N.W.2d 62 (Nebraska Court of Appeals, 1998)
State v. Caniglia
714 N.W.2d 462 (Nebraska Court of Appeals, 2006)
State v. Rittenhouse
510 N.W.2d 336 (Nebraska Court of Appeals, 1993)
State v. Kennedy
299 Neb. 362 (Nebraska Supreme Court, 2018)
Legislative History
Source: Laws 1982, LB 402, § 4; Laws 1991, LB 732, § 85.
Annotations: The Supreme Court has sentencing alternatives upon appeal of a sentence by a prosecutor. State v. Dobbins, 221 Neb. 778, 380 N.W.2d 640 (1986). In a driving under the influence case, the appellate court found the sentence imposed by the trial court to be excessive, and, under this section, vacated the sentence and remanded the cause to the trial court for imposition of a greater sentence. State v. Hatt, 16 Neb. App. 397, 744 N.W.2d 493 (2008).
Nearby Sections
15
§ 29-1001
Prisoner; where confined§ 29-1002
Repealed. Laws 1998, LB 695, § 10§ 29-1003
Repealed. Laws 1998, LB 695, § 10§ 29-1004
Repealed. Laws 1998, LB 695, § 10§ 29-1005
Repealed. Laws 1998, LB 695, § 10§ 29-1006
Repealed. Laws 1990, LB 829, § 3§ 29-101
Terms, usage§ 29-103
Magistrate, defined§ 29-104
Prosecuting attorney, defined§ 29-108
Signature, how construedCite This Page — Counsel Stack
Bluebook (online)
Nebraska § 29-2323, Counsel Stack Legal Research, https://law.counselstack.com/statute/ne/29-2323.