inline">Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 03/17/2020 08:08 AM CDT - 118 - Nebraska Court of Appeals Advance Sheets 28 Nebraska Appellate Reports STATE v. WELLS Cite as 28 Neb. App. 118

State of Nebraska, appellee, v.
Mason J. Wells, appellant.
___ N.W.2d ___

Filed March 10, 2020. No. A-19-257.

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. Sentences. In determining a sentence to be imposed, relevant factors
customarily considered and applied are the defendant’s (1) age, (2) mentality, (3) education and experience, (4) social and cultural background,
(5) past criminal record or record of law-abiding conduct, and (6) motivation for the offense, as well as (7) the nature of the offense and (8) the
amount of violence involved in the commission of the crime.
3. ____. The appropriateness of a sentence is necessarily a subjective judgment and includes the sentencing judge’s observation of the defendant’s
demeanor and attitude and all the facts and circumstances surrounding
the defendant’s life.
4. ____. An indeterminate sentence is a minimum term and maximum term
or range of time for which the defendant is to be incarcerated, even if
the minimum and maximum number are the same.
5. ____. When a sentence for a misdemeanor is imposed consecutively
or concurrently with sentences for felony convictions, the felony classifications will dictate whether the misdemeanor sentence should be a
determinate or indeterminate sentence.

Appeal from the District Court for Greeley County: Karin
L. Noakes, Judge. Affirmed in part, and in part vacated and
remanded for resentencing.

Mark Porto, of Porto Law Office, for appellant.
- 119 -
Nebraska Court of Appeals Advance Sheets
28 Nebraska Appellate Reports
STATE v. WELLS
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