If the appeal has been properly filed, as set forth in section 29-2321 , the appellate court, upon a review of the record, shall determine whether the sentence imposed is excessively lenient, having regard for: (1) The nature and circumstances of the offense; (2) The history and characteristics of the defendant; (3) The need for the sentence imposed: (a) To afford adequate deterrence to criminal conduct; (b) To protect the public from further crimes of the defendant; (c) To reflect the seriousness of the offense, to promote respect for the law, and to provide just punishment for the offense; and (d) To provide the defendant with needed educational or vocational training, medical care, or other correctional treatment in the most effective manner; and (4) Any other matters appearing in the record which the appellate court deems pertinent.
Neb. Rev. Stat. § 29-2322
Appeal of sentence by prosecutor; review; considerations
Applied in 27 court decisions — leading case State v. Harrison (1999)
Most recently applied in State v. McGovern (June 2022)
Laws 1982, LB 402, § 3; Laws 1991, LB 732, § 84.
How often courts cite this section
Court decisions citing this, by year. The dip in the last several years is a data-coverage gap, not a real trend — our corpus holds fewer opinions from the most recent years, so recent citations are undercounted.
Official source: Nebraska Legislature. Reproduced from public-domain Nebraska statutes; confirm against the official source for the current text. Not legal advice.