[7,8] A sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion. State v. Harris, 7 Neb. App. 520, 583 N.W.2d 366 (1998); State v. Thomas, 6 Neb. App. 510, 574 N.W.2d 542 (1998). An abuse of discretion occurs where the judge's ruling is clearly untenable and deprives a litigant of a just result in a judicial proceeding.
In sum, the 1998 amendments to ยง 29-2204 do not limit a Class IV felony defendant's ability to request an appellate court to review or modify the minimum portion of his or her indeterminate sentence upon direct appeal and they do not restrict a court's authority to evaluate and apply the Randolph doctrine in such direct appeals where it is appropriate to do so. See State v. Harris, 7 Neb. App. 520, 583 N.W.2d 366 (1998) (modifying minimum term of Class IV felony indeterminate sentence on direct appeal, pursuant to 1997 legislative amendment). (c) Indeterminate and Determinate Sentences and Modification of Urbano's Sentence
The law is well settled in Nebraska that where a criminal statute is amended by mitigating the punishment, after commission of a prohibited act but before final judgment, the punishment is that provided by the amendatory act unless the Legislature has specifically held otherwise. State v. White, 256 Neb. 536, 590 N.W.2d 863 (1999); State v. Urbano, 256 Neb. 194, 589 N.W.2d 144 (1999); Jones v. Clarke, 253 Neb. 161, 568 N.W.2d 897 (1997); State v. Groff, 247 Neb. 586, 529 N.W.2d 50 (1995); State v. Schrein, 247 Neb. 256, 526 N.W.2d 420 (1995); State v. Harris, 7 Neb. App. 520, 583 N.W.2d 366 (1998). A sentence is not a final judgment until the entry of a final mandate of an appellate court if an appeal is taken.
The law is well settled in Nebraska that where a criminal statute is amended by mitigating the punishment, after commission of a prohibited act but before final judgment, the punishment is that provided by the amendatory act unless the Legislature has specifically held otherwise. State v. Urbano, 256 Neb. 194, 589 N.W.2d 144 (1999); Jones v. Clarke, 253 Neb. 161, 568 N.W.2d 897 (1997); State v. Groff, 247 Neb. 586, 529 N.W.2d 50 (1995); State v. Schrein, 247 Neb. 256, 526 N.W.2d 420 (1995); State v. Harris, 7 Neb. App. 520, 583 N.W.2d 366 (1998). A sentence is not a final judgment until the entry of a final mandate of an appellate court if an appeal is taken.