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State v. Shaull

Supreme Court of Nebraska

September 14, 2018

State of Nebraska, appellee,
v.
Steven D. Shaull, appellant.

         1. Sentences: Appeal and Error. Where a sentence imposed within the statutory limits is alleged to be excessive, an 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.

         2. 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 evidence.

          Appeal from the District Court for Lancaster County: Lori A. Maret, Judge. Affirmed.

          Joseph D. Nigro, Lancaster County Public Defender, John C. Jorgensen, and Sarah L. Burghaus, Senior Certified Law Student, for appellant.

          Douglas J. Peterson, Attorney General, and Joe Meyer for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          HEAVICAN, C.J.

         INTRODUCTION

         Steven D. Shaull was convicted of theft by deception and sentenced to 2 years' imprisonment and 12 months' postrelease [301 Neb. 83] supervision. He appeals from the conditions set by the district court. We affirm.

         FACTUAL BACKGROUND

         On June 29, 2017, Shaull was charged by amended information with theft by deception, a Class IV felony pursuant to Neb. Rev. Stat. § 28-518 (Reissue 2016), in connection with the fraudulent sale of a vehicle engine through an online auction service. Shaull, a resident of Anaheim, California, received $11, 500 for the engine from a resident of Lancaster County, Nebraska, but never delivered the engine. An investigation showed that Shaull sold, but failed to deliver, the same engine to individuals in multiple states.

         Shaull was extradited to Nebraska and eventually pled no contest to theft by deception. As noted, Shaull was sentenced to 2 years' imprisonment and 1 year of postrelease supervision. That supervision was subject to 20 conditions, which are set forth in the district court's order of postrelease supervision.

         At the sentencing hearing, Shaull's counsel, citing to State v. Phillips,[1] which was at the time pending with this court, objected to the terms of postrelease supervision. Counsel specifically argued that because Shaull was to be extradited to Kentucky to face charges there, the conditions specific to remaining in Nebraska were not feasible. Counsel also argued that the imposition ...


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