Statutes: Appeal and Error. Statutory
interpretation presents a question of law, which an appellate
court reviews independently of the lower court's
Sentences: Appeal and Error. An appellate court will
not disturb a sentence imposed within the statutory limits
absent an abuse of discretion by the trial court.
Criminal Law: Statutes: Legislature. When the
Legislature amends a criminal statute by mitigating the
punishment after the commission of a prohibited act but
before final judgment, the punishment is that provided by the
amendatory act unless the Legislature specifically provided
Statutes: Appeal and Error. Statutory language is to
be given its plain and ordinary meaning, and an appellate
court will not resort to interpretation to ascertain the
meaning of statutory words which are plain, direct, and
Statutes. It is not within the province of a court
to read a meaning into a statute that is not warranted by the
language; neither is it within the province of a court to
read anything plain, direct, or unambiguous out of a statute.
Statutes: Legislature: Appeal and Error. In reading
a statute, a court must determine and give effect to the
purpose and intent of the Legislature as ascertained from the
entire language of the statute considered in its plain,
ordinary, and popular sense.
Statutes: Legislature: Intent. Components of a
series or collection of statutes pertaining to a certain
subject matter are in pari materia and should be
conjunctively considered and construed to determine the
intent of the Legislature, so that different provisions are
consistent, harmonious, and sensible.
Neb. 853] 8. Criminal Law: Statutes:
Legislature: Intent: Time. The Legislature did not
intend penalty reductions made in 2015 to Class IV felonies
to apply retroactively to offenses committed prior to August
Sentences. In imposing a sentence, the
sentencing court is not limited to any mathematically applied
set of factors.
. The appropriateness of a sentence is necessarily a
subjective judgment and includes the sentencing judge's
observation of the defendant's demeanor and attitude and
all the facts surrounding the defendant's life.
from the District Court for Madison County: James G. Kube,
Chelsey R. Hartner, Chief Deputy Madison County Public
Defender, for appellant.
Douglas J. Peterson, Attorney General, and Nathan A. Liss for
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, ...