inline">Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 11/22/2017 08:10 PM CST - 82 - Nebraska Supreme Court A dvance Sheets 298 Nebraska R eports STATE v. DYER Cite as 298 Neb. 82

State of Nebraska, appellee, v.
A nthony P. Dyer, appellant.
___ N.W.2d ___

Filed October 27, 2017. No. S‑16‑742.

1. Sentences: Appeal and Error. An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion
by the trial court.
2. Judges: Words and Phrases. A judicial abuse of discretion exists when
the reasons or rulings of a trial judge are clearly untenable, unfairly
depriving a litigant of a substantial right and denying just results in matters submitted for disposition.
3. Sentences: Appeal and Error. A determination of whether there
are substantial and compelling reasons under Neb. Rev. Stat.
§ 29‑2204.02(2)(c) (Supp. 2015) why a defendant cannot effectively
and safely be supervised in the community is within the trial court’s
discretion, and a decision to withhold probation on such basis will not
be reversed on appeal absent an abuse of discretion.

Petition for further review from the Court of Appeals, Moore,
Chief Judge, and R iedmann and Bishop, Judges, on appeal
thereto from the District Court for Lancaster County, John A.
Colborn, Judge. Judgment of Court of Appeals affirmed.

Mark E. Rappl for appellant.

Douglas J. Peterson, Attorney General, Erin E. Tangeman,
and, on brief, George R. Love for appellee.

Heavican, C.J., Wright, Miller‑Lerman, Cassel, Stacy,
K elch, and Funke, JJ.
- 83 -
Nebraska Supreme Court A dvance Sheets
298 Nebraska R eports
STATE v. DYER
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