State v. AgualloAnnotate this Case
Defendant entered a plea of no contest to sexual assault of a child, third degree. At sentencing, the district court considered the effect of certain amendments made to Nebraska’s sentencing laws by 2015 Neb. Laws, L.B. 605, which reduced the penalties for a variety of felonies and amended the indeterminate sentencing scheme for Nebraska felonies. The court eventually sentenced Defendant to a prison term of fifty-nine to sixty months. Defendant appealed, arguing that the district court erred in finding that he was not entitled to the reduction in penalties for Class IIIA felonies implemented by L.B. 605. The Supreme Court affirmed, holding (1) the reduced penalties for Class IIIA felonies did not apply retroactively to Defendant because he committed his offense before the effective date of L.B. 605; and (2) Defendant’s sentence was within the statutory limits and was not plain error.