State v. BenavidesAnnotate this Case
In June 2015, Defendant committed domestic assault of a pregnant female. In August 2015, the Legislature’s enactment of L.B. 605, which changed many sentencing provisions, became effective. One of L.B. 605’s provisions requires courts to impose a sentence of probation for Class IV felony convictions unless an exception applies. This requirement is codified as Neb. Rev. Stat. 29-2204.02(2). In November 2015, the district court sentenced Defendant to a term of twelve to eighteen months’ incarceration for a Class IV felony conviction of domestic assault of a pregnant female. Defendant appealed, arguing that the court erred in failing to apply section 29-2204.02 in sentencing him and in sentencing him to a term of incarceration instead of probation. The Supreme Court affirmed, holding that the district court (1) was not required retroactively to apply the sentencing requirements under section 29-2204.02; and (2) did not abuse its discretion in imposing a sentence of incarceration instead of probation.