State v. Geller

Case Number(s)
S-24-0438
Call Date
Case Time
Court Number
Lancaster
Case Location
Lincoln
Court Type
District Court
Case Summary

 S-24-0438 State of Nebraska (Appellee) v. Brant A. Geller (Appellant)

Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman

Attorneys: Kristi Egger and Matthew F. Meyerle (Public Defender’s Office for Appellant) and Erin E. Tangeman (Asst. Attorney General for Appellee)

Criminal: Possession of a controlled substance and attempted possession of a deadly weapon by a prohibited person

Proceedings below: Appellant pled no contest plea to three (3) counts of possession of a controlled substance and one (1) count of attempted possession of a deadly weapon by a prohibited person, and the district court sentenced him to an aggregate term of twenty-four (24) months in prison and twenty-four (24) months of post-release supervision.  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 sentences imposed by the district court were excessive and constituted an abuse of discretion; 2) The district court abused its discretion when it ordered the sentence for Count 5, attempted possession of a deadly weapon by a prohibited person, to be served consecutive to the sentences imposed on counts 1, 2, and 3; and 3) The district court’s amended sentencing order imposing a 12 month term of post-release supervision on Count 5 to be served consecutive to previously imposed concurrent terms of post-release supervision was contrary to the court’s oral pronouncement of sentence.

Schedule Code
SC