Friday, December 02, 2005
Follow up: Nebraska Supreme Court (J. Lerman) upholds reduced sentence for first degree sexual assault, 2 counts, when at time Defendant committed the crimes these crimes were Class IV felonies, even though defendant thought he was pleading to 2 Class II felonies State v. Alba, 270 Neb. 656 Filed December 2, 2005. No. S-04-1125. Court of Appeals held that trial court had to sentence defendant to 2 class IV felonies even though State charged him with 2 class II felonies, but State had forgotten that at time ofthe crimes the offences were Class IV felonies. Supreme Court holds that when the Defendant was the appellant alleging an excessive sentence, the court of appeals had no power to consider the State's requested remedy of withdrawing the Defendant's guilty pleas "Alba presented his appeal as one limited to the issue of the proper sentences which may be imposed upon a defendant who stands convicted of sexual assault of a child, first offense. Because the cause is on appeal only with regard to the issue of excessive sentences, the questions raised and the relief requested by the State cannot be afforded in this appeal, and the scope of appellate analysis is limited to excessiveness of sentences." "the only issue before the Court of Appeals was Alba's claim of excessive sentences and that the relief requested by the State was outside the proper scope of the appeal and need not have been considered by the Court of Appeals. However, we agree with the Court of Appeals' conclusion that the sentences imposed exceeded the statutory limits for the crimes to which Alba pled and was found guilty"
Posted by stan_sipple at 7:35 PM