§ 29-2401 — Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services

Nebraska § 29-2401

• Jurisdiction: Nebraska
• Ch. 29: Criminal Procedure

Text

Every person sentenced to the Department of Correctional Services shall, within thirty days, and as early as practicable after his sentence, unless the execution thereof be suspended, be conveyed to the facility designated by the Director of Correctional Services by the sheriff of the county in which the conviction took place, and shall there be delivered into the custody of the division, together with a copy of the sentence of the court ordering such imprisonment, there to be safely kept until the term of his confinement shall have expired, or he shall be pardoned. If the execution of the sentence be suspended and the judgment is afterward affirmed, the defendant shall be conveyed to the facility designated by the director within thirty days after the court shall direct the sentence to be executed.

Legislative History

Source: G.S.1873, c. 58, § 518, p. 836; R.S.1913, § 9188; C.S.1922, § 10195; C.S.1929, § 29-2401; R.S.1943, § 29-2401; Laws 1969, c. 817, § 67, p. 3105. Annotations: Absent any contrary evidence, it is presumed, in proceedings under the habitual criminal act, that confinement directions of the statutes were followed. State v. Addison, 197 Neb. 482, 249 N.W.2d 746 (1977). When after conviction and sentence, defendant who is out on bond exhausts appeal procedures and files motion for post conviction relief without setting up grounds therefor, the district court should direct execution of sentence. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971). In the absence of proof to the contrary, it will be presumed, in proceedings under the habitual criminal law, that commitment was properly carried out by officers. Rains v. State, 142 Neb. 284, 5 N.W.2d 887 (1942). Penitentiary sentence for less than minimum term prescribed by statute is not void; trial court, after sentence for less than minimum term has been served, was without jurisdiction to vacate it and impose greater penalty. Hickman v. Fenton, 120 Neb. 66, 231 N.W. 510, 70 A.L.R. 819 (1930). Confinement in penitentiary under void sentence because of failure of accused to procure suspension during pendency of error proceedings is not a part of execution of subsequent legal sentence. McCormick v. State, 71 Neb. 505, 99 N.W. 237 (1904). Term of imprisonment dates from sentence, not from delivery to warden. In re Fuller, 34 Neb. 581, 52 N.W. 577 (1892).