Judgments: Appeal and Error. When
dispositive issues on appeal present questions of law, an
appellate court has an obligation to reach an independent
conclusion irrespective of the decision made by the court
Criminal Law: Judgments: Sentences: Appeal and
Error. In a criminal case, the judgment from which
the appellant may appeal is the sentence.
Judgments: Collateral Attack. When a
judgment is attacked in a way other than by proceeding in the
original action to have it vacated, reversed, or modified, or
by a proceeding in equity to prevent its enforcement, the
attack is a collateral attack.
___. Absent an explicit statutory or common-law authority
permitting collateral attack upon a criminal judgment under
other circumstances, only a void judgment may be collaterally
Sentences. A sentence outside of the period
authorized for a valid crime is erroneous only; it is not a
Failing to give credit for time served, while erroneous, does
not render the sentence void. 7. Criminal Law: Final
Orders: Sentences: Collateral Attack. Neb. Rev.
Stat. § 83-1, 106(1) (Reissue 2014) does not set forth a
right to collaterally attack the final judgment in a criminal
case on the ground that credit for time served was not given
as mandated by the statute.
from the District Court for Pierce County: James G. Kube,
Richard C. Barnes, pro se.
Neb. 168] Douglas J. Peterson, Attorney General, and Austin
N. Relph for appellee.
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik,
and Freudenberg, JJ.
defendant, who was sentenced in 1994, sought in 2018 to have
his sentence amended to reflect credit for time served by
filing a "Motion/Request for Jail Credit." The
district court denied ...