Statutes: Appeal and Error. Statutory
interpretation is a question of law that an appellate court
resolves independently of the trial court.
Statutory language is to be given its plain and ordinary
meaning, and an appellate court will not resort to
interpretation to ascertain the meaning of statutory words
which are plain, direct, and unambiguous.
Statutes: Legislature: Intent. Components of
a series or collection of statutes pertaining to a certain
subject matter are in pari materia and should be
conjunctively considered and construed to determine the
intent of the Legislature, so that different provisions are
consistent, harmonious, and sensible.
Sentences: Probation and Parole. Under the
plain language of Neb. Rev. Stat. § 29-2268(2) (Reissue
2016), a trial court has only one option upon revoking a term
of post-release supervision for noncompliance: imposing a
term of incarceration up to the remaining period of
__. When a court has revoked post-release supervision, the
maximum term of imprisonment that can be imposed is governed
exclusively by Neb. Rev. Stat. § 29-2268(2) (Reissue
2016) and does not depend on the maximum sentence of initial
imprisonment authorized under Neb. Rev. Stat. § 28-105
Sentences: Probation and Parole: Appeal and
Error. Upon revocation of post-release supervision,
a sentencing court has discretion under Neb. Rev. Stat.
§ 29-2268(2) (Reissue 2016) to impose any term of
imprisonment up to the remaining period of post-release
supervision, and an appellate court will not disturb the
court's decision absent an abuse of discretion.
Neb. 309] Appeal from the District Court for Sarpy County:
Stefanie A. Martinez, Judge. Affirmed.
Jeffrey S. Leuschen and Liam K. Meehan, of Schirber &
Wagner, L.L.P., for appellant.
Douglas J. Peterson, Attorney General, and Austin N. Relph
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
B. Wal pled guilty to a Class IV felony and was sentenced to
20 months' imprisonment followed by 12 months'
post-release supervision. Shortly after the period of
post-release supervision began, the State moved to revoke,
alleging Wal had violated several conditions. Wal admitted
the violations, after which the district court revoked the
post-release supervision and imposed a term of 8 months'
imprisonment in the county jail.
appeals. He argues that because he has completed a 20-month
prison sentence, the district court's imposition of an
8-month jail term upon revoking post-release supervision
resulted in imprisonment for a total of 28 months for a Class
IV felony, and therefore exceeded the maximum sentence of 24
months' imprisonment authorized by law. Wal's
position fundamentally misconstrues the applicable statutory