S-23-0567 State of Nebraska (Appellee) v. Nelson (Appellant)
Appeal from the District Court for Douglas County, Judge Timothy P. Burns
Attorneys: Mary M. Dvorak (Asst. Douglas County Public Defender for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee).
Criminal: Possession of a Deadly Weapon by a Prohibited Person
Proceedings below: Pursuant to a global plea agreement, Appellant was sentenced to six (6) to ten (10) years in prison for possession of a deadly weapon by a prohibited person, and he was given credit for 241 days of time served. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant makes the following assignment of error: 1) The district court erred in failing to give credit for time served to Appellant’s sentence; 2) The district court’s failure to give credit for time served to Appellant’s sentence violates the Equal Protection Clause of the United States and Nebraska Constitutions; and 3) The district court’s failure to give credit for time served to Appellant’s sentence created an illegal partially concurrent sentence.