1. Sentences: Appeal and
Error. Where a sentence imposed within the statutory
limits is alleged on appeal to be excessive, the appellate
court must determine whether the sentencing court abused its
discretion in considering and applying the relevant factors
as well as any applicable legal principles in determining the
sentence to be imposed.
Sentences. When imposing a sentence, the 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 offense. The sentencing
court is not limited to any mathematically applied set of
__ . 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
Appeal and Error. An appellate court always
reserves the right to note plain error which was not
complained of at trial or on appeal.
Statutes: Appeal and Error. Statutory
interpretation presents a question of law, which an appellate
court reviews independently of the lower court's
__:__. 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 unambiguous.
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 [296 Neb. 204]
province of a court to read anything plain, direct, or
unambiguous out of a statute.
Statutes: Legislature: Intent. 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.
__: __: __ . 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.
Criminal Law: Statutes: Legislature:
Sentences. Generally, 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 otherwise.
Appeal and Error. An alleged error must be both
specifically assigned and specifically argued in the brief of
the party asserting the error to be considered by an
from the District Court for Hall County: John P. Icenogle,
Judge. Judgment in No. S-16-419 affirmed. Judgment in No.
S-16-425 affirmed in part and in part vacated, and cause
remanded with directions.
Matthew A. Works, Deputy Hall County Public Defender, for
Douglas J. Peterson, Attorney General, and Sarah E. Marfisi
Heavican, C.J., Wright, Miller-Lerman, Cassel, Stacy, Kelch,
and Funke, JJ.
these consolidated appeals, Jesus A. Chacon challenges his
sentences for his convictions of two counts of possession of
a controlled substance and one count of driving under the
influence. In both cases, Chacon assigns that his sentences
[296 Neb. 205] were excessive. We affirm Chacon's
sentence for possession of a controlled substance in case No.
S-16-419 and his sentence for driving under the influence in
case No. S-16-425. However, based on our analysis of 2015
Neb. Laws, L.B. 605, and 2016 Neb. Laws, L.B. 1094, we vacate