State v. WalAnnotate this Case
The Supreme Court affirmed the district court’s imposition of an eight-month jail term upon revoking Defendant’s post-release supervision, holding that the district court’s order imposing a term of eight months’ imprisonment was not an abuse of discretion.
After pleading guilty to a Class IV felony, Defendant was sentenced to twenty months’ imprisonment followed by twelve months’ post-release supervision. After the period of post-release supervision began, Defendant admitted to violating several conditions. The district court then revoked the post-release supervision and imposed a term of eight months’ imprisonment in county jail. On appeal, Defendant argued that the imposition of an eight-month jail term resulted in his imprisonment for a total of twenty-eight months for a Class IV felony, which exceeded the maximum sentence of twenty-four months’ imprisonment authorized by Neb. Rev. Stat. 28-105. The Supreme Court disagreed, holding (1) when a court has revoked post-release supervision the maximum term of imprisonment that can be imposed is governed exclusively by Neb. Rev. Stat. 29-2268(2) and does not depend on the maximum sentence of initial imprisonment authorized under section 28-105; and (2) Defendant's term of eight months’ imprisonment was within the maximum term authorized by section 29-2268(2) an was not an abuse of discretion.