State Codes and Statutes

State Codes and Statutes

Statutes > Nebraska > Chapter29 > 29-2323

29-2323. Appeal of sentence by prosecutor; sentencing alternatives.Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:(1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and:(a) Remand the case for imposition of a greater sentence;(b) Remand the case for further sentencing proceedings; or(c) Impose a greater sentence; or(2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence. SourceLaws 1982, LB 402, § 4; Laws 1991, LB 732, § 85. AnnotationsThe Supreme Court has sentencing alternatives upon appeal of a sentence by a prosecutor. State v. Dobbins, 221 Neb. 778, 380 N.W.2d 640 (1986).