Sentences: Appeal and Error. Whether a
defendant is entitled to credit for time served and in what
amount are questions of law. An appellate court reviews
questions of law independently of the lower court.
___. An appellate court will not disturb a sentence imposed
within the statutory limits absent an abuse of discretion by
the trial court.
Sentences: Statutes. The calculation and
application of credit for time served is controlled by
statute. Different statutes govern depending on whether the
defendant is sentenced to jail or prison.
Sentences. Neb. Rev. Stat. § 47-503
(Reissue 2010) is intended to ensure that defendants receive
all the credit against their jail sentence to which they are
entitled-no less, and no more.
Sentences: Prisoners: Time. When sentence is
pronounced upon one already serving a sentence from another
court, the second sentence does not begin to run until the
sentence which the prisoner is serving has expired, unless
the court pronouncing the second sentence specifically states
otherwise. Thus, the applicable rule is that unless the court
imposing a later independent sentence specifically states
otherwise at the time of its pronouncement, the later
sentence is to be served consecutively to any earlier imposed
sentence or sentences.
Sentences: Appeal and Error. An appellate
court will not disturb a sentence imposed within the
statutory limits absent an abuse of discretion by the trial
Judgments: Words and Phrases. 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
Sentences: Appeal and Error. Where a
sentence imposed within the statutory limits is alleged on
appeal to be excessive, the appellate court [304 Neb. 442]
must determine whether a 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.
Sentences. In determining a sentence to be
imposed, relevant factors customarily considered and applied
are the defendant's (1) age, (2) mentality, (3) education
and experience, (4) social and cultural background, (5) past
criminal record or record of law-abiding conduct, and (6)
motivation for the offense, as well as (7) the nature of the
offense and (8) the amount of violence involved in the
commission of the crime.
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.
from the District Court for Seward County: James C. Stecker,
J. Tegtmeier, Seward County Public Defender, for appellant.
Douglas J. Peterson, Attorney General, and Jordan Osborne for
Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, and
R. Harms, Jr., was convicted of attempted possession of
burglar's tools, a Class I misdemeanor,  and was sentenced
to 1 year in jail with credit for 23 days served. Harms
appeals, arguing his sentence was excessive and claiming he
was entitled to additional jail credit. Finding no error, we
Convictions in Dawson County
2015, Harms was convicted of multiple felony and misdemeanor
charges in Dawson County, Nebraska, and was [304 Neb. 443]
sentenced to a total of 40 to 120 months in the custody of
the Nebraska Department of Correctional Services (DCS). Harms
was released on parole in March 2018.
Conviction in Seward County
2 months later, on May 28, 2018, Harms was arrested in Seward
County, Nebraska, and charged with one count of possession of
burglar's tools, a Class IV felony. He was lodged in
the Seward County jail, and his bond was set at "$10,
weeks later, Harms sent a jail "kite" form to the
district court asking to "put in for a PR Bond."
Harms stated that his parole had been revoked and that he
wanted to return to DCS custody, where he felt his access to
medications and medical treatment would be better than in the
Seward County jail. After a hearing on June 20, 2018, Harms
was allowed to swear to a personal recognizance bond and was
released from the Seward County jail directly into DCS
ultimately pled no contest to attempted possession of
burglar's tools, a Class I misdemeanor. On November 19,
2018, he was sentenced to 1 year in the Seward County jail
and was ordered to pay $2, 000 in restitution upon his
release. Harms was given credit for 23 days served. Harms
asked the court to give him additional credit against his
jail sentence for the 150 days he spent in DCS custody after
he was released on bond from the Seward County jail. The
court denied his request.
filed this timely appeal, which we moved to our docket on our
assigns, restated, that the district court erred by (1)
awarding him insufficient credit for time served against his