State v. Baxter

by
Defendant pled no contest to possession of a controlled substance and unlawful acts relating to drugs. After a sentencing hearing, the district court found that Defendant was not a suitable candidate for probation and therefore sentenced her to terms of imprisonment for each conviction to be served concurrent with one another. Defendant appealed, arguing, inter alia, that the district court did not follow Neb. Rev. Stat. 29-2204.02, enacted as part of 2015 Neb. Laws L.B. 605, when it found that Defendant was not a suitable candidate for probation with regard to the possession conviction. The Supreme Court affirmed, holding (1) the district court did not abuse its discretion when it overruled Defendant’s motion to continue sentencing; and (2) the court did not abuse its discretion when it determined that there were substantial and compelling reasons that Defendant could not effectively and safely be supervised in the community on probation. View "State v. Baxter" on Justia Law