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State v. Berney

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Friday, April 4, 2014

S-13-0829, State v. Matthew Berney (Appellant)
S-13-0830, State v. Matthew Berney (Appellant)

Douglas County, Judge Shelly R. Stratman

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Thomas C. Riley & John P. Ashford (Public Defender’s Office) (Appellant)

Criminal: Excessive sentence; burglary; habitual criminal

Proceedings below: The district court found Appellant guilty based on pleas of no contest to two separate counts of burglary.  Appellant was found to be a habitual criminal at the enhancement hearing and sentenced to two terms of 10 to 10 years to be served consecutively.

Issues: The district court abused its discretion by 1) imposing an excessive sentence and 2) by imposing mandatory consecutive minimum sentences on convictions that were enhanced by the Nebraska habitual criminal statute.


This page was last modified on Friday, April 4, 2014