reglab/statecodes huggingface dataset:
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2288 - Restitution; imposed on organization; persons liable to pay; failure; effect.

29-2288.
Restitution; imposed on organization; persons liable to pay; failure; effect.
If restitution is imposed on an organization, it shall be the duty of any person authorized to order the disbursement of assets of the organization, and his or her superiors, to pay the restitution from assets of the organization under his or her control. Failure to do so shall render a person subject to an order to show cause why he or she should not be held in contempt of court.
Source
Laws 1986, LB 956, § 9.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2289 - Victim's Compensation Fund; subrogation; subordination.

29-2289.
Victim's Compensation Fund; subrogation; subordination.
(1) Whenever a victim is paid by the Victim's Compensation Fund for loss arising out of a criminal act, the fund shall be subrogated to the rights of the victim to any restitution ordered by the court.
(2) The rights of the Victim's Compensation Fund shall be subordinate to the claims of victims who have suffered loss arising out of the offenses or any transaction which is part of the same continuous scheme of criminal activity.
Source
Laws 1986, LB 956, § 10.
Cross References
Reparations, Nebraska Crime Victim's Reparations Act, see section 81-1841.
Victim's Compensation Fund, see section 81-1835.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2291 - Misdemeanor domestic violence conviction; notification to defendant; State Court Administrator's Office; duty.

29-2291.
Misdemeanor domestic violence conviction; notification to defendant; State Court Administrator's Office; duty.
(1) When sentencing a person convicted of a misdemeanor crime of domestic violence as defined in 18 U.S.C. 921(a)(33), as such section existed on July 18, 2008, the court shall provide written or oral notification to the defendant that it may be a violation of federal law for the individual: To ship or transport in interstate or foreign commerce, or possess in or affecting commerce, any firearm or ammunition; or to receive any firearm or ammunition which has been shipped or transported in interstate or foreign commerce.
(2) The State Court Administrator's Office shall create a standard notification that provides the information in subsection (1) of this section and shall provide a copy of such notification to all judges in this state.
Source
Laws 2008, LB1014, § 17.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2292 - Deferral of entry of judgment of conviction; defendant placed on probation; conditions; factors; new sentence; when.

29-2292.
Deferral of entry of judgment of conviction; defendant placed on probation; conditions; factors; new sentence; when.
(1) Upon a finding of guilt for which a judgment of conviction may be rendered, a defendant may request the court defer the entry of judgment of conviction. Upon such request and after giving the prosecutor and defendant the opportunity to be heard, the court may defer the entry of a judgment of conviction and the imposition of a sentence and place the defendant on probation, upon conditions as the court may require under section 29-2262.
(2) The court shall not defer judgment under this section if:
(a) The offense is a violation of section 42-924;
(b) The victim of the offense is an intimate partner as defined in section 28-323;
(c) The offense is a violation of section 60-6,196 or 60-6,197 or a city or village ordinance enacted in conformance with section 60-6,196 or 60-6,197; or
(d) The defendant is not eligible for probation.
(3) Whenever a court considers a request to defer judgment, the court shall consider the factors set forth in section 29-2260 and any other information the court deems relevant.
(4) Except as otherwise provided in this section and sections 29-2293 and 29-2294, the supervision of a defendant on probation pursuant to a deferred judgment shall be governed by the Nebraska Probation Administration Act and sections 29-2270 to 29-2273.
(5) After a hearing providing the prosecutor and defendant an opportunity to be heard and upon a finding that a defendant has violated a condition of his or her probation, the court may enter any order authorized by section 29-2268 or pronounce judgment and impose such new sentence as might have been originally imposed for the offense for which the defendant was convicted.
(6) Upon satisfactory completion of the conditions of probation and the payment or waiver of all administrative and programming fees assessed under section 29-2293, the defendant or prosecutor may file a motion to withdraw any plea entered by the defendant and to dismiss the action without entry of judgment.
(7) The provisions of this section apply to offenses committed on or after July 1, 2020. For purposes of this section, an offense shall be deemed to have been committed prior to July 1, 2020, if any element of the offense occurred prior to such date.
Source
Laws 2019, LB686, § 9.
Cross References
Nebraska Probation Administration Act, see section 29-2269.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2293 - Court order; fees.

29-2293.
Court order; fees.
Upon entry of a deferred judgment pursuant to section 29-2292, the court shall order the defendant to pay all administrative and programming fees authorized under section 29-2262.06, unless waived under such section. The defendant shall pay any such fees to the clerk of the court. The clerk of the court shall remit all fees so collected to the State Treasurer for credit to the Probation Program Cash Fund.
Source
Laws 2019, LB686, § 10.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2301 - Appeal; notice; effect.

29-2301.
Appeal; notice; effect.
When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined. The trial court, in its discretion, may allow the defendant to continue at liberty under bail or admit the defendant to bail during the suspension of sentence.
Source
G.S.1873, c. 58, § 503, p. 833;
R.S.1913, § 9172;
C.S.1922, § 10179;
C.S.1929, § 29-2301;
R.S.1943, § 29-2301;
Laws 1951, c. 87, § 3, p. 252;
Laws 1957, c. 107, § 1, p. 378;
Laws 1973, LB 146, § 4;
Laws 1982, LB 722, § 3;
Laws 1991, LB 732, § 75.
Cross References
Bail, conditions, see section 29-901.
Annotations
When the execution of a sentence has been suspended under this section, and the defendant has been at liberty under bail, the bond may be continued without the consent of the surety during the period of the suspension. State v. Hurley, 201 Neb. 569, 270 N.W.2d 915 (1978).
The subject of review of judgments in criminal cases is covered by Chapter 29, article 23, Reissue Revised Statutes of Nebraska, 1943, and amendments thereto. State v. Berry, 192 Neb. 826, 224 N.W.2d 767 (1975).
Date of execution of death sentence is not an essential part of judgment. Iron Bear v. Jones, 149 Neb. 651, 32 N.W.2d 125 (1948); Iron Bear v. State, 149 Neb. 634, 32 N.W.2d 130 (1948).
Application for a writ of habeas corpus is proper procedure for the review of judgment where the petitioner is imprisoned without due process of law. Kuwitzsky v. O'Grady, 135 Neb. 466, 282 N.W. 396 (1938).
Error proceeding in a criminal case does not suspend the sentence within the legal meaning of the term, but does stay the execution of the sentence. State ex rel. Hunter v. Jurgensen, 135 Neb. 136, 280 N.W. 886 (1938).
Where defendant negligently failed to file transcript and petition in error in Supreme Court within time required after rendition of judgment, a motion to dismiss the petition in error must be sustained. Goodman v. State, 131 Neb. 662, 269 N.W. 383 (1936).
Petition in error must be filed in Supreme Court within one month after rendition of judgment. District court cannot set aside its own judgment during term and re-enter same judgment merely to confer jurisdiction on Supreme Court. Dimmel v. State, 128 Neb. 191, 258 N.W. 271 (1935).
Jurisdiction of matter of suspension of sentence rests with district court. Barker v. State, 75 Neb. 289, 103 N.W. 1134, 106 N.W. 450 (1905).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2302 - Misdemeanor cases; appeal; recognizance.

29-2302.
Misdemeanor cases; appeal; recognizance.
The execution of sentence and judgment against any person or persons convicted and sentenced in the district court for a misdemeanor shall be suspended during an appeal to the Court of Appeals or Supreme Court. The district court shall fix the amount of a recognizance, which in all cases shall be reasonable, conditioned that the appeal shall be prosecuted without delay and that in case the judgment is affirmed he, she, or they will abide, do, and perform the judgment and sentence of the district court.
Source
G.S.1873, c. 58, § 504, p. 834;
R.S.1913, § 9173;
Laws 1917, c. 149, § 1, p. 344;
C.S.1922, § 10180;
C.S.1929, § 29-2302;
R.S.1943, § 29-2302;
Laws 1982, LB 722, § 4;
Laws 1991, LB 732, § 76.
Annotations
Right of review in criminal case has statutory limitation of one month. Cunningham v. State, 153 Neb. 912, 46 N.W.2d 636 (1951).
Supersedeas bond is not satisfied by surrender of body of defendant prior to issuance of execution and return thereof unsatisfied in whole or in part. State v. Swedland, 114 Neb. 280, 207 N.W. 29 (1926).
Factors to be considered in determining the reasonableness of a defendant's appeal bond following a misdemeanor conviction include the atrocity of the defendant's offenses, the probability of the defendant's appearance to serve his or her sentence following the conclusion of his or her appeal, the defendant's prior criminal history, and the nature of the other circumstances surrounding the case. State v. Kirby, 25 Neb. App. 10, 901 N.W.2d 704 (2017).
Reasonableness of the appeal bond amount is determined under the general discretion of the district court. State v. Kirby, 25 Neb. App. 10, 901 N.W.2d 704 (2017).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2303 - Felony cases; appeal; custody of person convicted; escape; procedures.

29-2303.
Felony cases; appeal; custody of person convicted; escape; procedures.
Whenever a person shall be convicted of a felony, and the judgment shall be suspended as a result of the notice of appeal, it shall be the duty of the court to order the person so convicted into the custody of the sheriff, to be imprisoned until the appeal is disposed of, or such person is admitted to bail. If a person so convicted shall escape, the jailer or other officer from whose custody the escape was made may return to the clerk of the proper court the writ by virtue of which the convict was held in custody, with information of the escape endorsed thereon, whereupon the clerk shall issue a warrant stating such conviction, and commanding the sheriff of the county to pursue such person into any county in the state; and the sheriff shall take such person and commit him or her to the jail of the county.
Source
G.S.1873, c. 58, § 505, p. 834;
R.S.1913, § 9174;
C.S.1922, § 10181;
C.S.1929, § 29-2303;
R.S.1943, § 29-2303;
Laws 1982, LB 722, § 5.
Annotations
This section controls the right to bail after conviction and its provisions are purely discretionary. State v. Woodward, 210 Neb. 740, 316 N.W.2d 759 (1982).
Court may in its discretion admit to bail upon showing of probable error which would call for reversal in all save exceptional cases mentioned in Constitution. Ford v. State, 42 Neb. 418, 60 N.W. 960 (1894).
Trial court has absolute discretion regarding appeal bonds. State v. Hernandez, 1 Neb. App. 830, 511 N.W.2d 535 (1993).
2023 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.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2315.02 - Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.

29-2315.02.
Error proceedings by county attorney; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
If the application is granted in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against the prosecuting attorney. If the public defender declines the appointment because of a conflict of interest, the court shall appoint another attorney. An attorney other than the public defender appointed under this section shall file an application for fees and expenses in the court which appointed such attorney for all fees and expenses reasonably necessary to permit such attorney to effectively and competently represent the defendant and to argue the case against the prosecuting attorney. Such fees and expenses shall be paid out of the treasury of the county in the full amount determined by the court. If the court does not find a defendant indigent and does not appoint the public defender or another attorney, the defendant may be represented by an attorney of the defendant's choice.
Source
Laws 1959, c. 121, § 2, p. 454;
Laws 2023, LB50, § 16.
Effective Date: September 2, 2023
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).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2318 - Appeal of ruling or decision; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.

29-2318.
Appeal of ruling or decision; finding regarding indigency; effect on appointment of counsel for defendant; fees and expenses.
When a notice is filed in cases where the court finds a defendant to be indigent, the trial court shall first contact the public defender, in counties with a public defender, to inquire whether or not the public defender is able to accept the appointment to argue the case against the prosecuting attorney. If the public defender declines the appointment because of a conflict of interest, the court shall appoint another attorney. An attorney other than the public defender appointed under this section shall file an application for fees and expenses in the court which appointed such attorney for all fees and expenses reasonably necessary to permit such attorney to effectively and competently represent the defendant and to argue the case against the prosecuting attorney. Such fees and expenses shall be paid out of the treasury of the county in the full amount determined by the court. If the court does not find a defendant indigent and does not appoint the public defender or another attorney, the defendant may be represented by an attorney of the defendant's choice.
Source
Laws 1975, LB 130, § 2;
Laws 1984, LB 13, § 71;
Laws 2023, LB50, § 17.
Effective Date: September 2, 2023
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).
2023 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).
2023 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).
2023 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).
2023 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.
2023 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.
2023 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.
2023 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.
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 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).
2023 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).
2023 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.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2410 - Replevy of fine and costs; effect.

29-2410.
Replevy of fine and costs; effect.
In all cases where the person or persons, convicted as aforesaid, shall replevy the fine and costs, as is provided in the section 29-2409, no execution shall issue for such fine and costs as prescribed in the section 29-2408, and further, such person or persons, after replevying the fine and costs as aforesaid, shall not be imprisoned for such fine and costs, but such person or persons shall be wholly discharged from any imprisonment in consequence of any conviction, unless where imprisonment is by this code made a part of the punishment. In that case such convicted person or persons shall be discharged from his, her or their imprisonment at the expiration thereof, if he, she or they have replevied the fine and costs as aforesaid.
Source
G.S.1873, c. 58, § 527, p. 838;
R.S.1913, § 9197;
C.S.1922, § 10204;
C.S.1929, § 29-2410;
R.S.1943, § 29-2410.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2411 - Judgments for fines, costs, and forfeited recognizances; execution in other counties.

29-2411.
Judgments for fines, costs, and forfeited recognizances; execution in other counties.
Executions for fines and costs of prosecution, and on recognizances taken in pursuance of section 29-2409, may be issued into any county in this state.
Source
G.S.1873, c. 58, § 527, p. 838;
R.S.1913, § 9198;
C.S.1922, § 10205;
C.S.1929, § 29-2411;
R.S.1943, § 29-2411.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2413 - Judgments for fines and costs; execution in another county or against real estate; filing of transcript in district court.

29-2413.
Judgments for fines and costs; execution in another county or against real estate; filing of transcript in district court.
In every case, whenever it is desirable to obtain execution to be issued to another county, or against the lands or real estate of any person against whom a judgment for fine or costs has been rendered by a magistrate, the magistrate may file with the clerk of the district court of the county wherein such magistrate holds office a transcript of the judgment, whereupon such clerk shall enter the cause upon the register of actions and shall file with the clerk of such court a praecipe and execution to be forthwith issued thereon by such clerk and served in all respects as though the judgment had been rendered in the district court of such county.
Source
G.S.1873, c. 58, § 529, p. 839;
R.S.1913, § 9200;
C.S.1922, § 10207;
C.S.1929, § 29-2413;
R.S.1943, § 29-2413;
Laws 2018, LB193, § 61.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2414 - Sentence to hard labor; employment of convicts in jail.

29-2414.
Sentence to hard labor; employment of convicts in jail.
For the purpose of enabling the county board of any county in this state to employ in a profitable manner all persons who have heretofore been or may hereafter be sentenced to hard labor in the jail of the county, the board, or a majority of them, shall have power to designate the place where the persons so sentenced shall work, and to make all proper and needful regulations and provisions for the profitable employment of such convicts, and for their safe custody during such employment. The county jail is hereby declared to extend to any stone quarry, road or other place that shall be designated by the county board for the employment of such convicts.
Source
G.S.1873, c. 58, § 531, p. 839;
R.S.1913, § 9202;
C.S.1922, § 10209;
C.S.1929, § 29-2414;
R.S.1943, § 29-2414.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2415 - Jail convict labor; disposition of proceeds.

29-2415.
Jail convict labor; disposition of proceeds.
It shall be the duty of the county board to make the contracts for the employment of convicts as specified in section 29-2414, and the sheriff of the county, or such other person as may be charged with the administrative direction of the jail, shall collect the proceeds of all such labor, and after paying the board of such convicts and the expenses incident to such labor, to pay the balance to the county treasurer within ten days.
Source
G.S.1873, c. 58, § 532, p. 839;
R.S.1913, § 9202;
C.S.1922, § 10209;
C.S.1929, § 29-2415;
R.S.1943, § 29-2415;
Laws 1984, LB 394, § 8.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2501 - Omitted.

29-2501.
Omitted.
Source
Laws 2015, LB268, § 22;
Referendum 2016, No. 426.
Note:
Section 29-2501, newly enacted by Laws 2015, LB 268, section 22, and assigned by the Revisor of Statutes to section 29-2501, has been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2502 - Omitted.

29-2502.
Omitted.
Source
Laws 2015, LB268, § 23;
Referendum 2016, No. 426.
Note:
Section 29-2502, newly enacted by Laws 2015, LB 268, section 23, and assigned by the Revisor of Statutes to section 29-2502, has been omitted because of the vote on the referendum at the November 2016 general election.
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2521.01 - Legislative findings.

29-2521.01.
Legislative findings.
The Legislature hereby finds that:
(1) Life is the most valuable possession of a human being, and before taking it, the state should apply and follow the most scrupulous standards of fairness and uniformity;
(2) The death penalty, because of its enormity and finality, should never be imposed arbitrarily nor as a result of local prejudice or public hysteria;
(3) State law should be applied uniformly throughout the state and since the death penalty is a statewide law an offense which would not result in a death sentence in one portion of the state should not result in death in a different portion;
(4) Charges resulting from the same or similar circumstances have, in the past, not been uniform and have produced radically differing results; and
(5) In order to compensate for the lack of uniformity in charges which are filed as a result of similar circumstances it is necessary for the Supreme Court to review and analyze all criminal homicides committed under the existing law in order to insure that each case produces a result similar to that arrived at in other cases with the same or similar circumstances.
Source
Laws 1978, LB 711, § 1;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2521.01 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
The proportionality review made under the requirements of this section and sections 29-2521.02 and 29-2521.03 is limited to a comparison of the facts and circumstances of the death penalty-imposed case under review with those of all applicable cases in which the death penalty was imposed. State v. Joubert, 224 Neb. 411, 399 N.W.2d 237 (1986).
Supreme Court's review includes only those cases in which the death penalty was imposed. State v. Palmer, 224 Neb. 282, 399 N.W.2d 706 (1986).
A literal interpretation of this section would unconstitutionally encroach upon the judicial function. This section will be restricted in application to a review of cases in which the defendant in the district court was convicted of murder in the first degree. State v. Moore, 210 Neb. 457, 316 N.W.2d 33 (1982).
In sentencing for a felony not involving the death penalty, there is no requirement that the judge conduct a case-by-case review of similar sentencings in that jurisdiction. State v. Glover, 207 Neb. 487, 299 N.W.2d 445 (1980).
Sections 29-2521.01, 29-2521.02, and 29-2521.03 only require the Supreme Court to review cases involving criminal homicides committed on or after April 20, 1973, in which the trial court has imposed a sentence of death. State v. Williams, 205 Neb. 56, 287 N.W.2d 18 (1979).
In adopting sections 29-2521.01 to 29-2522, the Legislature intended to establish a procedure whereby the death penalty would be applied uniformly throughout the state. The procedure does not come into play where the death penalty is not imposed. State v. Welsh, 202 Neb. 249, 275 N.W.2d 54 (1979).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2521.02 - Criminal homicide cases; review and analysis by Supreme Court; manner.

29-2521.02.
Criminal homicide cases; review and analysis by Supreme Court; manner.
The Supreme Court shall within a reasonable time after July 22, 1978, review and analyze all cases involving criminal homicide committed on or after April 20, 1973. Such review and analysis shall examine (1) the facts including mitigating and aggravating circumstances, (2) the charges filed, (3) the crime for which defendant was convicted, and (4) the sentence imposed. Such review shall be updated as new criminal homicide cases occur.
Source
Laws 1978, LB 711, § 2;
Laws 2000, LB 1008, § 2;
Laws 2011, LB390, § 5;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2521.02 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
The proportionality review made under the requirements of this section and sections 29-2521.01 and 29-2521.03 is limited to a comparison of the facts and circumstances of the death penalty-imposed case under review with those of all applicable cases in which the death penalty was imposed. State v. Joubert, 224 Neb. 411, 399 N.W.2d 237 (1986).
Supreme Court's review includes only those cases in which the death penalty was imposed. State v. Palmer, 224 Neb. 282, 399 N.W.2d 706 (1986).
A literal interpretation of this section would unconstitutionally encroach upon the judicial function. This section will be restricted in application to a review of cases in which the defendant in the district court was convicted of murder in the first degree. State v. Moore, 210 Neb. 457, 316 N.W.2d 33 (1982).
Sections 29-2521.01 to 29-2521.03 require the Supreme Court to review cases involving criminal homicides committed on or after April 20, 1973, in which the trial court has imposed a sentence of death. State v. Williams, 205 Neb. 56, 287 N.W.2d 18 (1979).
In adopting sections 29-2521.01 to 29-2522, the Legislature intended to establish a procedure whereby the death penalty would be applied uniformly throughout the state. The procedure does not come into play where the death penalty is not imposed. State v. Welsh, 202 Neb. 249, 275 N.W.2d 54 (1979).
2023 Nebraska Revised Statutes › Chapter 29 - Criminal Procedure › 29-2521.04 - Criminal homicide cases; Supreme Court review and analyze; district court; provide records.

29-2521.04.
Criminal homicide cases; Supreme Court review and analyze; district court; provide records.
Each district court shall provide all records required by the Supreme Court in order to conduct its review and analysis pursuant to sections 29-2521.01 to 29-2522 and 29-2524.
Source
Laws 1978, LB 711, § 4;
Laws 2015, LB268, § 35;
Referendum 2016, No. 426.
Note:
The repeal of section 29-2521.04 by Laws 2015, LB 268, section 35, is not effective because of the vote on the referendum at the November 2016 general election.
Annotations
An appeal pursuant to section 29-2525 does not place the burden of creating the record upon either party to the appeal. Instead, pursuant to this section, the district court must provide all records required by the Nebraska Supreme Court in order to conduct its review and analysis. State v. Dunster, 262 Neb. 329, 631 N.W.2d 879 (2001).
In adopting sections 29-2521.01 to 29-2522, the Legislature intended to establish a procedure whereby the death penalty would be applied uniformly throughout the state. The procedure does not come into play where the death penalty is not imposed. State v. Welsh, 202 Neb. 249, 275 N.W.2d 54 (1979).