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.
Judgments: Appeal and Error. An abuse of
discretion occurs when a trial court's decision is based
upon reasons that are untenable or unreasonable or if its
action is clearly against justice or conscience, reason, and
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
from the District Court for Lancaster County: Susan I.
Strong, Judge. Affirmed.
D. Nigro, Lancaster County Public Defender, and John C.
Jorgensen for appellant.
Douglas J. Peterson, Attorney General, and Kimberly A. Klein
Neb. 470] Heavican, C.J., Wright, Miller-Lerman, Cassel,
Stacy. Kelch, and Funke, JJ.
E. Phillips was found guilty of a violation of the Sex
Offender Registration Act (SORA). He was sentenced to 12
months' imprisonment and 12 months' supervised
release. He appeals. This case presents our first opportunity
to address postrelease supervision as enacted by 2015 Neb.
Laws, L.B. 605. We affirm.
was convicted of third degree sexual assault of a child in
September 2013. Based upon that conviction, he was required
to register under SORA as a 25-year registrant. Phillips
received notification of that requirement and acknowledged
his responsibilities under the act.
release, Phillips reported a location in Sarpy County,
Nebraska, as his address. Upon investigation, that address
was found to be fictitious. Phillips was later discovered to
be residing at a different address. He never reported this
address to any sheriff's office.
Phillips was charged with the failure to register as required
by SORA. He pled no contest pursuant to a plea agreement and
was sentenced to 12 months' imprisonment and 12
months' supervised release. In connection with
Phillips' supervised release, the district court set
1. Shall not violate any laws and shall refrain from
disorderly conduct or acts injurious to others.
2. Shall avoid social contact with those persons having
criminal records or who are on probation or parole, except as
expressly permitted by your post-release supervision/
[297 Neb. 471] 3. Shall report in writing and/or in person
during the term of post-release supervision/probation as
directed by the Court or post-release supervision/probation
4. Shall truthfully answer any inquiries of the post-release
supervision/probation officer and allow the post-release
supervision/probation officer to visit at all reasonable
times and places.
5. Shall be employed, in school or in treatment or a
combination of any not less than full time, or provide proof
that employment, school admission or treatment is being
sought, and permission of the post-release
supervision/probation officer shall be obtained before any
change of employment, school or treatment.
6. Shall reside at an address provided to the post-release
supervision/probation officer, and permission of the
post-release supervision/probation officer shall be obtained
before any change of address. Travel permits are required for
any travel outside of the state of Nebraska.
7. Shall submit to search and seizure of your premises,
person, or vehicle upon request of the post-release
supervision/probation officer (or law enforcement officer),
with or without a warrant, day or night, to determine the
presence of alcoholic beverages, controlled substances or
8. Shall not use, consume or have in your personal possession
any alcoholic beverage or controlled substance (except as
prescribed by a duly licensed physician or dentist) and shall
submit to a chemical test of blood, breath, or urine at your
expense upon request of the post-release
supervision/probation officer or law enforcement officer to
determine the use of alcoholic liquor or drugs. The
prohibition against using, consuming and/or possessing
controlled substances includes designer drugs and synthetic
[297 Neb. 472] 9. Shall submit to random drug and alcohol
testing as instructed by your post-release supervision
officer but in no ...