State v. Jimenez

Timothy Jimenez pled guilty to possession of methamphetamine. Prior to the sentencing hearing, Jimenez was arrested in Colorado. He failed to appear at the sentencing hearing, and the county attorney obtained a warrant for his arrest. Thereafter, a detainer was placed on Jiminez in Nebraska. Jimenez then requested a final disposition or an order directing the State to release the detainer. The district court denied Jimenez's request, determining that the interstate Agreement on Detainers, which allows a prisoner against whom a detainer has been lodged to demand a speedy disposition of outstanding charges, did not apply because Jimenez had no untried matters pending in Nebraska. The Supreme Court affirmed, holding that the district court did not err in concluding Jimenez was not eligible to invoke the Agreement, as a detainer for a person who has been convicted of a criminal offense but not sentenced does not relate to an "untried indictment, information or complaint" under the Agreement and thus does not trigger the procedural requirements of the Agreement. View "State v. Jimenez" on Justia Law