S-24-0541 State of Nebraska (Appellee) v. Elizabeth K. Arnold (Appellant)
Appeal from the District Court for Madison County, Judge James G. Kube
Attorneys: Matthew H. Soltys (Deputy Madison County Public Defender for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee)
Criminal: Criminal mischief, theft by unlawful taking, willful and reckless operation a motor vehicle to avoid arrest, and third-degree assault
Proceedings below: Appellant pled guilty to criminal mischief, theft by unlawful taking, willful and reckless operation of a motor vehicle, and third-degree assault. The district court sentenced Appellant to an aggregate term of two (2) years in prison and twenty-four (24) months post-release supervision with credit for 136 days of time served. The 136 days credit for time served was only applied to the theft by unlawful taking conviction. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The lower court erred and abused its discretion in sentencing the Appellant to two (2) years at the Department of Corrections because the sentence is cruel and unusual based upon the facts of this case; and 2) The lower court erred in applying credit for time served because the inability to apply credit to multiple concurrent sentences deprives Appellant of the credit and results in a term of incarceration greater than the maximum term allowed by statute for the particular offenses.