State v. ArtisAnnotate this Case
Defendant was sentenced to not less than two years nor more than two years in prison for possession of a controlled substance - a class IV felony - and to fifteen to twenty years in prison for possession of a stolen firearm - a Class IIA felony. The sentences were ordered to run consecutively. Defendant appealed his sentences. While his appeal was pending, a legislative bill was enacted that amended Neb. Rev. Stat. 29-2204.02 to provide that an indeterminate sentence shall be imposed for Class IV felonies imposed consecutively or concurrently with a sentence for a Class IIA felony “in accordance with the process set forth in section 29-2204.” The Supreme Court affirmed, holding that Defendant’s sentence for his Class IV felony was not plainly erroneous and that the district court did not abuse its discretion in imposing Defendant’s sentences.