Public-domain · open source
OpenJurist

234 Neb. 175

449 N.W.2d 558

State v. Egger

Nebraska Supreme Court

Decided December 29, 1989

Nebraska Supreme Court · decided 1989-12-29

Cited by 4 later decisions — most recently November 1993

4 state decisions

Applies NE 28 § 28-1205 · NE 28 § 28-311.01

Relies on State v. Stratton

Good law ✅— No negative treatment on recordhow we know

Decided 1989-12-29

View the full empirical analysis of this case →

Per Curiam.

¶1 Appellant was convicted of making a terroristic threat, see Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), a Class IV felony punishable by up to 5 years’ imprisonment, up to a $10,000 fine, or both, and use of a firearm to commit a felony, see Neb. Rev. Stat. § 28-1205 (Reissue 1985), a Class III felony punishable by 1 to 20 years’ imprisonment, up to a $25,000 fine, or both. He was sentenced to 2 years in the penal complex. He was not sentenced to a separate consecutive term on the firearm charge, as required by statute. See, State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985); § 28-1205(3).

¶2 Therefore, the matter must be remanded to the district court for resentencing.

¶3 Remanded with directions.

/234/neb/175 · .json · Public domain