State v. Kennedy

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State v. Kennedy

Case Number
Call Date
January 10, 2018
Case Time
9:00 AM
Court Number
Case Location
Case Summary

S-17-0703 State (Appellant) v. Chad T. Kennedy

Sarpy County District Court, Judge George Thompson

Attorneys: Nicole R. Hutter (County Attorney’s Office) (Appellant) --- Liam K. Meehan (Schirber & Wagner, L.L.P.)

Criminal: Plea; excessively lenient sentence; post-release supervision; operating vehicle to avoid arrest

Proceedings below: Appellee pled no contest and was sentenced to 240 days in jail and 9 months post-release supervision.  The state filed a motion to revoke and the district court terminated Appellee’s post-release supervision unsatisfactorily.  The State appealed the sentence.

Issues: The district court 1) erred by abusing its discretion and imposing an excessively lenient sentence, which fell outside that required by Neb. Rev. Stat. § 29-2268(3)(a)(b)(c)(d), and 2) committed plain error by sentencing Appellee outside the statutory limits with regard to the post-release supervision of Appellee’s sentence.

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