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State v. Uhing

Supreme Court of Nebraska

November 30, 2018

State of Nebraska, appellee,
v.
Joshua Uhing, appellant.

         1. Jurisdiction. A question of jurisdiction is a question of law. 2. Statutes. Statutory interpretation presents a question of law.

         3. Judgments: Appeal and Error. Appellate courts independently review questions of law decided by a lower court.

         4. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the power and duty of an appellate court to determine whether it has jurisdiction over the matter before it, irrespective of whether the issue is raised by the parties.

         5. Appeal and Error. Appellate courts do not generally consider arguments and theories raised for the first time on appeal.

         6. Legislature: Courts: Time: Appeal and Error. When the Legislature fixes the time for taking an appeal, the courts have no power to extend the time directly or indirectly.

          Appeal from the District Court for Douglas County: Peter C. Bataillon, Judge. Appeal dismissed.

          Thomas C. Riley, Douglas County Public Defender, Jeanine Tlustos, and Lori A. Hoetger for appellant.

          Douglas J. Peterson, Attorney General, and Siobhan E. Duffy for appellee.

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

          FUNKE, J.

         Joshua Uhing appeals the district court's order overruling his motion to reconsider the denial of his motion to [301 Neb. 769] transfer to juvenile court under Neb. Rev. Stat. § 29-1816 (Supp. 2017). For the reasons set forth herein, we dismiss the appeal for lack of jurisdiction as untimely under § 29-1816(2) and (3)(c).

         BACKGROUND

         Uhing was charged in the district court with two counts of sexual assault in the first degree, Class II felonies, and one count of incest with a victim age 17 or under, a Class IIA felony. The alleged victims were Uhing's sisters. Uhing was born in April 2000 and, on the date the charges were filed, was 17 years old.

         In October 2017, within 30 days of being charged, Uhing filed a motion to transfer to juvenile court. On December 15, the court overruled Uhing's motion to transfer. The court's order noted the significance of the charges, Uhing's age, the likelihood of Uhing's need for long-term treatment if found guilty, the short amount of time Uhing had before reaching majority, concern for public safety, and the lack of ability of the juvenile court to provide Uhing ...


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