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
Criminal Law: Statutes: Sentences:
Legislature. Where a criminal statute is amended 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
has specifically provided otherwise.
Appeal and Error. An appellate court is not
obligated to engage in an analysis that is not necessary to
adjudicate the case and controversy before it.
from the District Court for Hall County, Mark J. Young,
Judge, on appeal thereto from the County Court for Hall
County, Philip M. Martin, Jr., Judge. Sentence vacated, and
cause remanded with directions.
W. Alexander, Deputy Hall County Public Defender, for
Douglas J. Peterson, Attorney General, and Siobhan E. Duffy
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Kelch, and
Neb. 324] KELCH, J.
L. Huston was sentenced to jail time and probation after
pleading guilty to first-offense driving during revocation.
In addition to this sentence, the county court for Hall
County ordered a revocation of Huston's driver's
license for 1 year, believing that such was required under
this court's interpretation of Neb. Rev. Stat. §
60-4, 108 (Cum. Supp. 2016) set forth in State v.
Frederick On appeal, the district court for Hall
County affirmed. Huston subsequently appealed the revocation
portion of her sentence to this court.
Huston's appeal was pending, 2017 Neb. Laws, L.B. 263,
went into effect, which amended § 60-4, 108 to allow the
sentencing court discretion in ordering a revocation for
first-time offenders when the offender has been placed on
probation. Because we determine that the amended
version of § 60-4, 108 applies retroactively to
Huston's sentence, we vacate Huston's sentence in its
entirety and remand the cause to the district court with
directions to remand it to the county court for resentencing
consistent with the amended version of § 60-4, 108.
2016, Huston was charged with driving during revocation,
second or third offense. In November, she pled guilty to an
amended charge of first-offense driving during revocation. In
exchange for Huston's plea, the State agreed to a
sentence of 45 days' jail time and to not oppose
Huston's request for house arrest. The county court
sentenced Huston to 45 days' jail time and 6 months'
probation and revoked her license for 1 year.
revoking Huston's license, the county court found that it
was obligated to do so by State v. Frederick, which
involved [298 Neb. 325] another appellant convicted of
driving during revocation. In Frederick, we found no
merit to the appellant's assignment of error and affirmed
his conviction. Although neither party assigned or argued it,
we found that the sentencing court committed plain error when
it failed to revoke the appellant's driver's license.
We said that revocation was ...