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
Sentences: Probation and Parole. If a
defendant is convicted of a Class IV felony, the court shall
impose a sentence of probation unless there are substantial
and compelling reasons why the defendant cannot effectively
and safely be supervised in the community, including, but not
limited to, the criteria in subsections (2) and (3) of Neb.
Rev. Stat. § 29-2260 (Supp. 2015).
___. Notwithstanding the language of Neb. Rev. Stat. §
29-2204.02 (Supp. 2015), Neb. Rev. Stat. § 29-2260
(Supp. 2015) still requires that when considering probation
versus imprisonment, the trial court must have regard for the
nature and circumstances of the crime.
Sentences. When imposing a sentence, a
sentencing judge should consider the defendant's (1) age,
(2) mentality, (3) education and experience, (4) social and
cultural background, (5) past criminal record or record of
law-abiding conduct, and (6) motivation for the offense, as
well as (7) the nature of the offense, and (8) the violence
involved in the commission of the crime.
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 and circumstances surrounding the defendant's life.
from the District Court for Lancaster County: John A.
Colborn, Judge. Affirmed.
E. Rappl for appellant.
Neb.App. 515] Douglas J. Peterson, Attorney General, and
George R. Love for appellee.
Chief Judge, and Riedmann and Bishop, Judges.
P. Dyer appeals from his plea-based conviction in the
Lancaster County District Court of enticement by an
electronic communication device. He assigns only that the
court imposed an excessive sentence. Finding no merit to his
arguments on appeal, we affirm.
January 28, 2016, the State filed an information charging
Dyer with enticement by electronic communication device. He
pled no contest to the charge. In exchange for Dyer's
agreement to plead to the offense as charged, the State