State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2321

29-2321. Appeal of sentenceby prosecuting attorney orAttorney General; procedure.(1) Appeals under sections 29-2320 to 29-2325 shallbe taken, by either the AttorneyGeneral or the prosecuting attorney, as follows:(a) If theappeal is filed by the Attorney General, a notice of appeal shall be filedin the district court within twenty days after imposition of the sentence.A copy of the notice of appeal shall be sent to either the defendant or counselfor the defendant; or(b)If the prosecuting attorney wishes to file the appeal, he or she, within tendays after imposition of the sentence, shallrequest approval from the Attorney General to proceed with the appeal. A copy of the requestfor approval shall be sent to the defendant or counsel for the defendant.(2) If the Attorney General approves the request describedin subdivision (1)(b) of this section, theprosecuting attorney shall file a notice of appeal indicating such approvalin the district court. Such notice of appeal must be filed within twenty daysof the imposition of sentence. A copy of the notice of appeal shall be sentto the defendant or counsel for the defendant.(3) If the Attorney General does not approve the requestdescribed in subdivision (1)(b) of this section, anappeal under sections 29-2320 to 29-2325 shall not be permitted.(4) In addition to such notice of appeal, the docket feerequired by section 33-103 shall be deposited with the clerk of the districtcourt.(5) Uponcompliance with the requirements of this section, the appeal shall proceedas provided by law for appeals to the Court of Appeals. SourceLaws 1982, LB 402, § 2; Laws 1991, LB 732, § 83; Laws 2003, LB 17, § 16; Laws 2009, LB63, § 27.