2013 Nebraska Revised Statutes
Chapter 29 - CRIMINAL PROCEDURE
29-2204.01 - Reduction of sentence, when.
29-2204.01. Reduction of sentence, when.
In any criminal proceeding in which a sentence of confinement has been imposed and the particular law under which such sentence was pronounced is thereafter amended to decrease the maximum period of confinement which may be imposed, then any person sentenced under the former law shall be entitled to his discharge from custody when he has served the maximum period of confinement authorized by the new law, notwithstanding the fact that the court may have ordered a longer period of confinement under the authority of the former law.
Source
- Laws 1972, LB 1202, ยง 1.
Annotations
Upon revocation of probation, the court may impose such punishment as may have been imposed originally for the crime of which such defendant was convicted. Resultingly, defendant who was convicted of third offense driving while intoxicated in 1980 and who violated his probation in 1984 was subject to sentencing under the penal statute in effect at the time of his conviction. State v. Jacobson, 221 Neb. 639, 379 N.W.2d 772 (1986).
Statute providing that when period of confinement is imposed and law under which defendant was sentenced is later amended to decrease the maximum period of confinement, defendant is entitled to release when he has served the maximum period as authorized by the new statute, does not apply when one statute is repealed to reclassify the offense so that under some circumstances, it would be a misdemeanor rather than a felony. State v. King, 214 Neb. 855, 336 N.W.2d 576 (1983).
This section will not be interpreted to apply to matters other than those clearly expressed within the statute itself, in the absence of a clear expression of legislative intent. State v. Peiffer, 212 Neb. 864, 326 N.W.2d 844 (1982).
Not applicable unless amendment of statute under which sentence was pronounced reduces maximum period of confinement authorized. State v. Rubek, 189 Neb. 141, 200 N.W.2d 255 (1972).
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