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.
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.
Sentences. A sentencing court is not limited
in its discretion 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 defendant's life.
.A sentencing court must have some reasonable factual basis
for imposing a particular sentence.
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.
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
from the District Court for Douglas County: Marlon A. Polk,
W. Kleine, Douglas County Attorney, and James M. Masteller
C. Riley, Douglas County Public Defender, and Cindy A. Tate
Riedmann, Bishop, and Welch, Judges.
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 ...