Sentences: Appeal and Error. Sentences
within statutory limits will be disturbed by an appellate
court only if the sentence complained of was an abuse of
Jurisdiction: Appeal and Error. Before
reaching the legal issues presented for review, it is the
duty of an appellate court to determine whether it has
jurisdiction over the matter before it.
Courts: Final Orders: Appeal and Error. When
a district court, sitting as an intermediate appellate court,
enters an order that affects a substantial right, that order
is final for purposes of appeal if its judgment can be
executed without any further action by the district court.
Courts: Final Orders: Jurisdiction: Appeal and
Error. A district court order affirming, reversing,
or remanding an order or judgment of the county court is
itself a final order that an appellate court has jurisdiction
Pleas: Sentences: Restitution. The failure
to inform a defendant of the possibility of restitution
renders the entry of a plea of guilty involuntary and
unintelligent in that regard and consequently prevents the
imposition of an order of restitution.
Pleas: Proof. While in order for a defendant
to enter a voluntary and intelligent plea of guilty, he or
she must know the penalty for the crime to which he or she is
pleading, and although it is preferable that such knowledge
be imparted by the judge accepting the plea, it is
nonetheless possible to prove the defendant's knowledge
by other means.
Criminal Law: Restitution: Damages. Neb.
Rev. Stat. § 29-2280 (Reissue 2016) vests trial courts
with the authority to order restitution for actual damages
sustained by the victim of a crime for which a defendant is
___. Pursuant to Neb. Rev. Stat. § 29-2281 (Reissue
2016), before restitution can be properly ordered, the trial
court must [27 Neb.App. 220] consider: (1) whether
restitution should be ordered, (2) the amount of actual
damages sustained by the victim of a crime, and (3) the
amount of restitution a criminal defendant is capable of
Sentences: Restitution. When a court orders
restitution to a crime victim under Neb. Rev. Stat. §
29-2280 (Reissue 2016), restitution is a criminal penalty
imposed as punishment and is part of the criminal sentence
imposed by the sentencing court.
Sentences. 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.
Sentences: Restitution. After the sentencing
court determines that a conviction warrants restitution, it
then becomes the sentencing court's factfinding
responsibility to determine the victim's actual damages
and the defendant's ability to pay.
Under Neb. Rev. Stat. § 29-2281 (Reissue 2016), the
sentencing court may hold a hearing at the time of sentencing
to determine the amount of restitution.
Sentences: Restitution: Evidence. Under Neb.
Rev. Stat. § 29-2281 (Reissue 2016), the sentencing
court's determination of restitution shall be based on
the actual damages sustained by the victim and shall be
supported by evidence which shall become a part of the court
from the District Court for Madison County, Mark A. Johnson,
Judge, on appeal thereto from the County Court for Madison
County, Ross A. Stoffer, Judge. Judgment of District Court
E. Temple, of Fitzgerald, Vetter, Temple & Bartell, for
Douglas J. Peterson, Attorney General, and Kimberly A. ...