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219 Neb. 327

363 N.W.2d 367

State v. Moss

Nebraska Supreme Court

Decided February 15, 1985

Nebraska Supreme Court · decided 1985-02-15

Cited by 6 later decisions — most recently December 1994

6 state decisions

Applies NE 28 § 28-304

Relies on State v. Stranghoener · State v. Laravie

Good law ✅— No negative treatment on recordhow we know

Decided 1985-02-15

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Per Curiam.

¶1 This is an appeal in a criminal case. The defendant was charged with first degree murder and pled guilty to the charge of murder in the second degree. Neb. Rev. Stat. § 28-304(1) (Reissue 1979). The defendant was sentenced to a term of life imprisonment, “but in any event not less than 20 years,” in the Nebraska Penal and Correctional Complex.

¶2 The defendant appeals and assigns as error that the court *328 erred in pronouncing an indeterminate sentence not authorized by law, and therefore invalid, and that the sentence as pronounced was excessive.

¶3 We remand the cause to the district court for resentencing. We held in State v. Stranghoener, 208 Neb. 598, 304 N.W.2d 679 (1981), and State v. Laravie, 192 Neb. 625, 223 N.W.2d 435 (1974), that under the present statute upon conviction for second degree murder the court is not authorized to pronounce an indeterminate sentence. The court may impose a definite term of years not less than the minimum authorized by law or, in the alternative, may impose a sentence of life imprisonment.

¶4 As the sentence is clearly invalid, the cause must be remanded for resentencing, and we therefore do not consider the second assignment of error.

¶5 Affirmed in part, and in part reversed AND REMANDED FOR RESENTENCING.

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