State v. Jackson

Defendant was convicted of possession of a controlled substance with enhancement pursuant to the habitual criminal statute. The district court sentenced Defendant to ten to fifteen years’ imprisonment, with credit for time served. The Nebraska Department of Correctional Services erroneously discharged Defendant from custody before Defendant had served the entirety of his sentence. The State filed a motion asking that the district court issue a warrant for Defendant’s arrest and commitment so that he could serve out the remainder of his sentence. The district court issued the arrest and commitment warrant. Defendant appealed the court’s order for an arrest and commitment warrant. The Supreme Court dismissed the appeal for lack of a final, appealable order, holding that the district court’s order for an arrest and commitment warrant was simply a temporary order of enforcement and not a final order, and therefore, the Supreme Court had no jurisdiction over the appeal. View "State v. Jackson" on Justia Law