Upon consideration of the criteria enumerated in section 29-2322 , the appellate court shall: (1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and: (a) Remand the case for imposition of a greater sentence; (b) Remand the case for further sentencing proceedings; or (c) Impose a greater sentence; or (2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence.
Neb. Rev. Stat. § 29-2323
Appeal of sentence by prosecutor; sentencing alternatives
Applied in 18 court decisions — leading case State v. Vasquez (2006)
Most recently applied in State v. Kennedy (March 2018)
Laws 1982, LB 402, § 4; Laws 1991, LB 732, § 85.
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.