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.
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
from the District Court for Lancaster County: Lori A. Maret,
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
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
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.
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.
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
sentencing hearing, Shaull's counsel, citing to State
v. Phillips, 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 ...