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Nebraska Revised Statutes Chapter 29. Criminal Procedure § 29-2322. Appeal of sentence by prosecutor; review; considerations

Current as of January 01, 2024 | Updated by FindLaw Staff

If the appeal has been properly filed, as set forth in section 29-2321, the appellate court, upon a review of the record, shall determine whether the sentence imposed is excessively lenient, having regard for:

(1) The nature and circumstances of the offense;

(2) The history and characteristics of the defendant;

(3) The need for the sentence imposed:

(a) To afford adequate deterrence to criminal conduct;

(b) To protect the public from further crimes of the defendant;

(c) To reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; and

(d) To provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and

(4) Any other matters appearing in the record which the appellate court deems pertinent.

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Cite this article: FindLaw.com - Nebraska Revised Statutes Chapter 29. Criminal Procedure § 29-2322. Appeal of sentence by prosecutor; review; considerations - last updated January 01, 2024 | https://codes.findlaw.com/ne/chapter-29-criminal-procedure/ne-rev-st-sect-29-2322/

Read this complete Nebraska Revised Statutes Chapter 29. Criminal Procedure § 29-2322. Appeal of sentence by prosecutor; review; considerations on Westlaw. Westlaw subscription required.

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