State v. McCulley
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The Supreme Court affirmed Defendant's convictions and sentences, holding that Defendant's assignment of error related to excessive sentences of incarceration was moot and that the district court did not err in calculating time served and the order of costs and restitution as part of the sentences.
Defendant pleaded guilty to misdemeanors related to the unauthorized use of a third-party's financial accounts and the misuse of the party's credit cards. The plea agreement included restitution to the businesses defrauded by the transactions, as well as restitution to the third-party. After the pleas were entered but before sentencing Defendant absconded to Oregon for almost eight years. Defendant was eventually arrested in Oregon, extradited to Nebraska, and sentenced. On appeal, Defendant claimed her sentences were excessive and that the court erred in its calculation of credit for time served and in failing to consider her inability to pay the restitution and costs ordered as part of her sentences. The Supreme Court affirmed, holding (1) because Defendant completed serving the sentences, her assignment of error alleging excessive sentences was moot; and (2) Defendant's remaining assignments of error were without unavailing.
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