2012 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-2323 - Appeal of sentence by prosecutor; sentencing alternatives.


NE Code § 29-2323 (2012) What's This?
29-2323. Appeal of sentence by prosecutor; sentencing alternatives.

Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:

(1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and:

(a) Remand the case for imposition of a greater sentence;

(b) Remand the case for further sentencing proceedings; or

(c) Impose a greater sentence; or

(2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence.

Source
    Laws 1982, LB 402, § 4;
    Laws 1991, LB 732, § 85.

Annotations
The Supreme Court has sentencing alternatives upon appeal of a sentence by a prosecutor. State v. Dobbins, 221 Neb. 778, 380 N.W.2d 640 (1986).

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