S-16-1001 State v. Daniel Lee Jones (Appellant)
Sarpy County District Court, Judge David Arterburn
Attorneys: Melissa R. Vincent (Attorney General’s Office) --- Julie E. Bear (Reinsch, Slattery, Bear & Minahan, PC, LLO) (Appellant)
Criminal: Plea: excessive sentence
Proceedings below: Appellant entered a plea of no contest to first degree murder. He was sentenced to life imprisonment, which was later vacated on post-conviction. He was resentenced to 80 years to life.
Issues: 1. The trial court abused its discretion and imposed an excessive sentence which is a de facto life sentence in violation of the Eighth Amendment of the United States Constitution and Article I, Sections 9 and l5 of the Nebraska Constitution. 2. By making him ineligible for parole consideration until the age of 56, and never eligible for release from parole, the sentence denies the Appellant a meaningful opportunity for release based upon demonstrated maturity and rehabilitation in violation of the Eighth Amendment of the United States Constitution and Article I, Sections 9 and l5 of the Nebraska Constitution. 3. In violation of the Appellant's rights under the Fifth and Fourteenth Amendments of the United States Constitution, and Article I Section 3 of the Nebraska Constitution, the trial court committed procedural error and denied Appellant due process by failing to use adequate procedural safeguards to protect against arbitrary and capricious imposition of a de facto life sentence: a. The district court erred by failing to make findings necessary to subject Appellant to the de facto life sentence imposed, and b. The district court erred by failing to make findings demonstrating adequate consideration of Appellant’s age and age-related characteristics.