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State v. Felix

Court of Appeals of Nebraska

June 26, 2018

State of Nebraska, appellant,
v.
Olajuwon A. Felix, appellee.

          1. Sentences: Appeal and Error. When reviewing a sentence within the statutory limits, whether for leniency or excessiveness, an appellate court reviews for an abuse of discretion.

         2. Judges: Words and Phrases. A judicial abuse of discretion exists only when the reasons or rulings of a trial judge are clearly untenable, unfairly depriving a litigant of a substantial right and denying a just result in matters submitted for disposition.

         3. Sentences. A sentencing court is not limited in its discretion to any mathematically applied set of factors.

         4. ___. 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.

         5.___ .A sentencing court must have some reasonable factual basis for imposing a particular sentence.

         6. Sentences: Appeal and Error. In determining whether a sentence is excessively lenient, an appellate court considers the following factors: (1) the nature and circumstances of the offense; (2) the history and characteristics of the defendant; (3) the need for the sentence imposed to afford deterrence; (4) the need for the sentence to protect the public from further crimes of the defendant; (5) the need for the sentence to reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; (6) the need for the sentence to provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and (7) any other matters appearing in the record that the appellate court deems pertinent.

         [26 Neb.App. 54] 7. _:. When reviewing sentences for excessive leniency, an appellate court does not review the sentence de novo and the standard is not what sentence it would have imposed.

          Appeal from the District Court for Douglas County: Marlon A. Polk, Judge. Affirmed.

          Donald W. Kleine, Douglas County Attorney, and James M. Masteller for appellant.

          Thomas C. Riley, Douglas County Public Defender, and Cindy A. Tate for appellee.

          Riedmann, Bishop, and Welch, Judges.

          RIEDMANN, JUDGE.

         INTRODUCTION

         The State, through the Douglas County Attorney, appeals from a district court sentencing order after Olajuwon A. Felix entered pleas to five felony charges. The State argues that the sentences were ...


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