reglab/housing_qa huggingface dataset:
NE Code § 29-2305 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2305 - Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated.

29-2305.  Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated.If the appeal in such case is dismissed or the conviction is affirmed on hearing, such judgment shall be executed by the court by which it was rendered on receipt of the mandate of the appellate court. A defendant who was not admitted to bail during the time the appeal was pending shall receive credit against the sentence for all of the time he or she was incarcerated while the appeal was pending.Source   G.S.1873, c. 58, §§ 506, 507, p. 834;   R.S.1913, § 9176;   C.S.1922, § 10183;   C.S.1929, § 29-2305;   R.S.1943, § 29-2305;   Laws 1982, LB 722, § 6;   Laws 1991, LB 732, § 77.
NE Code § 29-2315 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2315 - Prosecuting attorney, defined.

29-2315.  Prosecuting attorney, defined.For purposes of sections 29-2315.01 to 29-2325, prosecuting attorney means a county attorney, city attorney, or designated attorney.Source Laws 2003, LB 17, § 10.
NE Code § 29-2315.02 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2315.02 - Error proceedings by county attorney; appointment of counsel for defendant; fee.

29-2315.02.  Error proceedings by county attorney; appointment of counsel for defendant; fee.If the application be granted, the trial court shall appoint a lawyer to argue the case against the prosecuting attorney, which lawyer shall receive for his services a fee not exceeding two hundred dollars, to be fixed by such court, and to be paid out of the treasury of the county. For such purpose, the court may appoint the defendant's attorney, but if he is not appointed the defendant may in any event appear and participate through an attorney of his own choice.Source  Laws 1959, c. 121, § 2, p. 454. Annotations Appeal cannot be taken by state from interlocutory ruling of trial court in criminal proceeding. State v. Taylor, 179 Neb. 42, 136 N.W.2d 179 (1965).
NE Code § 29-2318 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2318 - Appeal of ruling or decision; counsel for defendant; appointment; fees.

29-2318.  Appeal of ruling or decision; counsel for defendant; appointment; fees.When a notice is filed, the trial court shall appoint a lawyer to argue the case against the prosecuting attorney, which lawyer shall receive for his or her services a fee not exceeding two hundred dollars to be fixed by the court and to be paid out of the treasury of the county. The court may appoint the defendant's attorney, but if an attorney is not appointed the defendant may be represented by an attorney of his or her choice.Source   Laws 1975, LB 130, § 2;   Laws 1984, LB 13, § 71.  Annotations  The plain language of section 43-2,106.01(2)(d) carves out an exception for delinquency cases in which jeopardy has attached. In such cases, the county attorney is limited to taking exception pursuant to the procedures of this section and sections 29-2317 and 29-2319. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010). Under section 43-2,106.01(2)(d), when a county attorney files an appeal "in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy," the appeal must be taken by exception proceedings to the district court pursuant to this section and sections 29-2317 and 29-2319. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010). Separate juvenile courts are treated as county courts under this section and sections 29-2317 and 29-2319 for the purpose of exception proceedings under subsection (2)(d) of section 43-2,106.01. In re Interest of Sean H., 271 Neb. 395, 711 N.W.2d 879 (2006).
NE Code § 29-2319 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2319 - Exception proceedings by prosecuting attorney; decision of district court; effect.

29-2319.  Exception proceedings by prosecuting attorney; decision of district court; effect.(1) The judgment of the court in any action taken under the provisions of sections 29-2317 and 29-2318 shall not be reversed nor in any manner affected when the defendant in the trial court has been placed legally in jeopardy, but in such cases the decision of the district court shall determine the law to govern in any similar case which may be pending at the time the decision is rendered, or which may thereafter arise in the district.(2) When the decision of the district court establishes that the final order of the trial court was erroneous and that the defendant had not been placed legally in jeopardy prior to the entry of such erroneous order, the trial court may upon application of the prosecuting attorney issue its warrant for the rearrest of the defendant and the cause against the defendant shall thereupon proceed in accordance with the law as determined by the decision of the district court.(3) The prosecuting attorney may take exception to any ruling or decision of the district court in the manner provided by sections 29-2315.01 to 29-2316.Source   Laws 1975, LB 130, § 3;  Laws 2003, LB 17, § 14. Annotations  The plain language of section 43-2,106.01(2)(d) carves out an exception for delinquency cases in which jeopardy has attached. In such cases, the county attorney is limited to taking exception pursuant to the procedures of this section and sections 29-2317 and 29-2318. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010). Under section 43-2,106.01(2)(d), when a county attorney files an appeal "in any case determining delinquency issues in which the juvenile has been placed legally in jeopardy," the appeal must be taken by exception proceedings to the district court pursuant to this section and sections 29-2317 and 29-2318. In re Interest of Rebecca B., 280 Neb. 137, 783 N.W.2d 783 (2010). Separate juvenile courts are treated as county courts under this section and sections 29-2317 and 29-2318 for the purpose of exception proceedings under subsection (2)(d) of section 43-2,106.01. In re Interest of Sean H., 271 Neb. 395, 711 N.W.2d 879 (2006). There is no statutory authorization for a city attorney representing the State to appeal a decision of a district court which reverses the decision of a county court upon appeal by a criminal defendant. State v. Jones, 264 Neb. 812, 652 N.W.2d 288 (2002). The protections afforded by this section are no greater than or different from the double jeopardy protections afforded by the U.S. and Nebraska Constitutions. State v. Neiss, 260 Neb. 691, 619 N.W.2d 222 (2000).
NE Code § 29-2321 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2321 - Appeal of sentence by prosecuting attorney or Attorney General; procedure.

29-2321.  Appeal of sentence by prosecuting attorney or Attorney General; procedure.(1) Appeals under sections 29-2320 to 29-2325 shall be taken, by either the Attorney General or the prosecuting attorney, as follows:(a) If the appeal is filed by the Attorney General, a notice of appeal shall be filed in the district court within twenty days after imposition of the sentence. A copy of the notice of appeal shall be sent to either the defendant or counsel for the defendant; or(b) If the prosecuting attorney wishes to file the appeal, he or she, within ten days after imposition of the sentence, shall request approval from the Attorney General to proceed with the appeal. A copy of the request for approval shall be sent to the defendant or counsel for the defendant.(2) If the Attorney General approves the request described in subdivision (1)(b) of this section, the prosecuting attorney shall file a notice of appeal indicating such approval in the district court. Such notice of appeal must be filed within twenty days of the imposition of sentence. A copy of the notice of appeal shall be sent to the defendant or counsel for the defendant.(3) If the Attorney General does not approve the request described in subdivision (1)(b) of this section, an appeal under sections 29-2320 to 29-2325 shall not be permitted.(4) In addition to such notice of appeal, the docket fee required by section 33-103 shall be deposited with the clerk of the district court.(5) Upon compliance with the requirements of this section, the appeal shall proceed as provided by law for appeals to the Court of Appeals.Source   Laws 1982, LB 402, § 2;   Laws 1991, LB 732, § 83;  Laws 2003, LB 17, § 16;  Laws 2009, LB63, § 27. Annotations  When a defendant challenges a sentence imposed by the district court as excessive and the State believes the sentence to be erroneous but has not complied with section 29-2315.01 or this section, the State may not assert such error via a cross-appeal. State v. Guzman, 305 Neb. 376, 940 N.W.2d 552 (2020). While there is a temptation on a visceral level to conclude that anything less than incarceration depreciates the seriousness of crimes involving sexual assault of a child, it is the function of the sentencing judge, in the first instance, to evaluate the crime and the offender. State v. Gibson, 302 Neb. 833, 925 N.W.2d 678 (2019).
NE Code § 29-2323 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2323 - Appeal of sentence by prosecutor; sentencing alternatives.

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.Source   Laws 1982, LB 402, § 4;   Laws 1991, LB 732, § 85.  Annotations  The 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). In a driving under the influence case, the appellate court found the sentence imposed by the trial court to be excessive, and, under this section, vacated the sentence and remanded the cause to the trial court for imposition of a greater sentence. State v. Hatt, 16 Neb. App. 397, 744 N.W.2d 493 (2008).
NE Code § 29-2324 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2324 - Appeal of sentence by prosecutor; credit for time served.

29-2324.  Appeal of sentence by prosecutor; credit for time served.If a more severe sentence is imposed by the appellate court or on remand, any time served on the sentence appealed from shall be deemed to have been served on the new sentence imposed under subdivision (1) of section 29-2323.Source   Laws 1982, LB 402, § 6;   Laws 1991, LB 732, § 86.
NE Code § 29-2325 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2325 - Appeal of sentence by prosecutor; defendant's right to appeal not affected.

29-2325.  Appeal of sentence by prosecutor; defendant's right to appeal not affected.Nothing contained in sections 29-2320 to 29-2325 shall affect the right of the defendant to appeal the conviction and sentence, as otherwise provided by law.Source  Laws 1982, LB 402, § 6.
NE Code § 29-2326 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2326 - Appeal; no oral argument; when.

29-2326.  Appeal; no oral argument; when.There shall be no oral argument in an appeal to the district court in any criminal case where the sole allegation of error is that the sentence imposed was excessive or excessively lenient or the trial court refused to reduce the sentence upon application of the defendant.Source Laws 2008, LB1014, § 15.
NE Code § 29-2327 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2327 - District court; Court of Appeals; Supreme Court; remit assessment.

29-2327.  District court; Court of Appeals; Supreme Court; remit assessment.In every case of appeal of a conviction of any person for any felony or misdemeanor to the district court, Court of Appeals, or Supreme Court that is affirmed, the court shall remit the assessment as provided in section 33-157.Source Laws 2010, LB510, § 3.
NE Code § 29-2401 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2401 - Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services.

29-2401.  Execution of sentences; conviction of felony; delivery of prisoner to Department of Correctional Services.Every person sentenced to the Department of Correctional Services shall, within thirty days, and as early as practicable after his sentence, unless the execution thereof be suspended, be conveyed to the facility designated by the Director of Correctional Services by the sheriff of the county in which the conviction took place, and shall there be delivered into the custody of the division, together with a copy of the sentence of the court ordering such imprisonment, there to be safely kept until the term of his confinement shall have expired, or he shall be pardoned. If the execution of the sentence be suspended and the judgment is afterward affirmed, the defendant shall be conveyed to the facility designated by the director within thirty days after the court shall direct the sentence to be executed.Source   G.S.1873, c. 58, § 518, p. 836;   R.S.1913, § 9188;   C.S.1922, § 10195;   C.S.1929, § 29-2401;   R.S.1943, § 29-2401;   Laws 1969, c. 817, § 67, p. 3105.  Annotations  Absent any contrary evidence, it is presumed, in proceedings under the habitual criminal act, that confinement directions of the statutes were followed. State v. Addison, 197 Neb. 482, 249 N.W.2d 746 (1977). When after conviction and sentence, defendant who is out on bond exhausts appeal procedures and files motion for post conviction relief without setting up grounds therefor, the district court should direct execution of sentence. State v. Carpenter, 186 Neb. 605, 185 N.W.2d 663 (1971). In the absence of proof to the contrary, it will be presumed, in proceedings under the habitual criminal law, that commitment was properly carried out by officers. Rains v. State, 142 Neb. 284, 5 N.W.2d 887 (1942). Penitentiary sentence for less than minimum term prescribed by statute is not void; trial court, after sentence for less than minimum term has been served, was without jurisdiction to vacate it and impose greater penalty. Hickman v. Fenton, 120 Neb. 66, 231 N.W. 510, 70 A.L.R. 819 (1930). Confinement in penitentiary under void sentence because of failure of accused to procure suspension during pendency of error proceedings is not a part of execution of subsequent legal sentence. McCormick v. State, 71 Neb. 505, 99 N.W. 237 (1904). Term of imprisonment dates from sentence, not from delivery to warden. In re Fuller, 34 Neb. 581, 52 N.W. 577 (1892).
NE Code § 29-2402 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2402 - Delivery of prisoner to Department of Correctional Services; powers and duties of sheriff.

29-2402.  Delivery of prisoner to Department of Correctional Services; powers and duties of sheriff.The sheriffs of the several counties of this state, during the time they shall be employed in conveying to the Department of Correctional Services any person sentenced to the custody thereof, shall have the same power and authority to secure him in any jail within the state, and to demand the assistance of any sheriff, jailer or other person within this state, in keeping such prisoner, as if the sheriff were in his own proper county; and all such sheriffs, jailers or other persons so called upon shall be liable, on refusal, to the same penalties as if the sheriff making the demand were in his own county.Source   G.S.1873, c. 58, § 519, p. 836;   R.S.1913, § 9189;   C.S.1922, § 10196;   C.S.1929, § 29-2402;   R.S.1943, § 29-2402;   Laws 1969, c. 817, § 68, p. 3105.
NE Code § 29-2403 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2403 - Person sentenced to county jail; commitment procedure.

29-2403.  Person sentenced to county jail; commitment procedure.When any person convicted of an offense is sentenced to imprisonment in the county jail, the court or magistrate shall order the defendant into the custody of the sheriff or other proper officer and shall issue to such officer a warrant of commitment. The officer shall deliver the convict, together with a copy of the warrant, to the jailer, in whose custody he or she shall remain in the jail of the proper county until the term of his or her confinement shall have expired or he or she shall have been pardoned or otherwise legally discharged.Source   G.S.1873, c. 58, § 520, p. 837;   R.S.1913, § 9190;   C.S.1922, § 10197;   C.S.1929, § 29-2403;   R.S.1943, § 29-2403;   Laws 1988, LB 1030, § 27.  Annotations Sentence does not begin to run until defendant is taken into custody or offers to surrender himself to the custody of proper officer. Riggs v. Sutton, 113 Neb. 556, 203 N.W. 999 (1925).
NE Code § 29-2404 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2404 - Misdemeanor cases; fines and costs; judgment; levy; commitment.

29-2404.  Misdemeanor cases; fines and costs; judgment; levy; commitment.In all cases of misdemeanor in which courts or magistrates shall have power to fine any offender, and shall render judgment for such fine, it shall be lawful to issue executions for the same, with the costs taxed against the offender, to be levied on the goods and chattels of any such offender, and, for want of the same, upon the body of the offender, who shall, following a determination that the offender has the financial ability to pay such fine pursuant to section 29-2412, be committed to the jail of the proper county until the fine and costs be paid, or secured to be paid, or the offender be otherwise discharged according to law.Source   G.S.1873, c. 58, § 521, p. 837;   R.S.1913, § 9191;   C.S.1922, § 10198;   C.S.1929, § 29-2404;   R.S.1943, § 29-2404;  Laws 2017, LB259, § 10.  Annotations Where defendant was sentenced to pay fine and gave supersedeas bond, he cannot be committed except for want of goods and chattels out of which to meet demands of execution. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).
NE Code § 29-2406 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2406 - Sentence to cell; execution when no cell in jail.

29-2406.  Sentence to cell; execution when no cell in jail.Where any jail, in any county in this state, shall not have a cell or dungeon therein, then, and in that case, when the court shall sentence any person or persons to imprisonment in the cell of any jail, under the provisions of this code, the person or persons so sentenced shall be confined in that part of the jail usually allotted to the confinement of criminals, or such convict may be imprisoned as provided in section 29-1001, when there is the necessity thereof mentioned in said section.Source   G.S.1873, c. 58, § 523, p. 837;   R.S.1913, § 9193;   C.S.1922, § 10200;   C.S.1929, § 29-2406;   R.S.1943, § 29-2406.
NE Code § 29-2407 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2407 - Judgments for fines, costs, and forfeited recognizances; lien; exemptions; duration.

29-2407.  Judgments for fines, costs, and forfeited recognizances; lien; exemptions; duration.Judgments for fines and costs in criminal cases shall be a lien upon all the property of the defendant within the county from the time of filing the case by the clerk of the proper court, and judgments upon forfeited recognizance shall be a like lien from the time of forfeiture. No property of any convict shall be exempt from execution issued upon any such judgment as set out in this section against such convict except in cases when the convict is sentenced to a Department of Correctional Services adult correctional facility for a period of more than two years or to suffer death, in which cases there shall be the same exemptions as at the time may be provided by law for civil cases. The lien on real estate of any such judgment for costs shall terminate as provided in section 25-1716.Source   G.S.1873, c. 58, § 524, p. 837;   R.S.1913, § 9194;   C.S.1922, § 10201;   C.S.1929, § 29-2407;   R.S.1943, § 29-2407;   Laws 1974, LB 666, § 2;   Laws 1993, LB 31, § 11;  Laws 2015, LB268, § 21;   Referendum 2016, No. 426;  Laws 2018, LB193, § 60.  Cross References  Exemptions in civil cases, see section 25-1552 et seq.Annotations  Where convict is sentenced to penitentiary for more than two years, he has same exemptions as provided by law in civil cases. Canada v. State, 148 Neb. 115, 26 N.W.2d 509 (1947). Judgment for fine and costs, where sentence is less than two years in the penitentiary, is lien on homestead of convict. Mancuso v. State, 123 Neb. 204, 242 N.W. 430 (1932). Lien attaches to real estate owned in county at time of docketing cause, and statute of limitations runs against assignee of such judgment from date of assignment. Predohl v. O'Sullivan, 59 Neb. 311, 80 N.W. 903 (1899). Although a judgment for costs in a criminal case is a lien upon a defendant's property, Nebraska statutes do not specifically authorize a setoff of costs owed to the court against proceeds of the defendant's bond. State v. Zamarron, 19 Neb. App. 349, 806 N.W.2d 128 (2011).
NE Code § 29-2408 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2408 - Judgments for fines, costs, and forfeited recognizances; execution.

29-2408.  Judgments for fines, costs, and forfeited recognizances; execution.It shall be the duty of the clerk of the district court to issue execution for every judgment rendered during the term, for fines and forfeited recognizance, and for the costs in such cases, which remain unpaid and unreplevied; and upon like condition each magistrate shall issue execution forthwith for fines and costs assessed by him.Source   G.S.1873, c. 58, § 525, p. 838;   R.S.1913, § 9195;   C.S.1922, § 10202;   C.S.1929, § 29-2408;   R.S.1943, § 29-2408. Annotations  Execution issued by clerk may command commitment to jail for want of goods. Luther v. State, 85 Neb. 674, 124 N.W. 117 (1909). Police judge has authority to issue execution to collect fine imposed for violation of city ordinance. Cleaver v. Jenkins, 84 Neb. 565, 121 N.W. 992 (1909).
NE Code § 29-2409 (2021)
2021 Nebraska Revised Statutes|Chapter 29 - Criminal Procedure|29-2409 - Replevy of fine and costs; recognizance; breach; effect.

29-2409.  Replevy of fine and costs; recognizance; breach; effect.It shall be lawful for any person or persons convicted of any criminal offense to replevy the judgment for the fine and costs, or the costs only when no fine shall be imposed, by such convicted person or persons, with one or more good and sufficient freeholders, entering into a recognizance before the court or magistrate, to the people of this state, for the payment of such fine and costs, or costs only, within five months from the date of the acknowledgment; which recognizance so taken is hereby declared valid in law, and to create a lien on the real estate of all such persons as shall acknowledge the same. Upon the breach thereof, execution shall be issued against the goods and chattels, lands and tenements of the persons who entered into the recognizance, in the same manner as if it had been a judgment, which execution shall be collected in the same manner as is prescribed in section 29-2408. No scire facias shall be necessary previous to issuing such execution.Source   G.S.1873, c. 58, § 526, p. 838;   R.S.1913, § 9196;   C.S.1922, § 10203;   C.S.1929, § 29-2409;   R.S.1943, § 29-2409.