State v. Huston

The Supreme Court reversed Defendant’s sentence of forty-five days’ jail time and six months’ probation and revocation of her license for one year connected to her plea of guilty to first-offense driving during revocation. The district court affirmed the sentence. Defendant appealed the revocation portion of her sentence to the Supreme Court. While her appeal was pending, 2017 Neb. Laws, L.B. 263 went into effect, which amended Neb. Rev. Stat. 60-4,108 to allow the sentencing court discretion in ordering a revocation for first-time offenders when the offender has been placed on probation. The Supreme Court remanded the cause with directions to remand it to the county court of resentencing consistent with the amended version of section 60-4,108, holding that the amended version of section 60-4,108 applies retroactively to Defendant’s sentence. View "State v. Huston" on Justia Law