State v. McCulley

18 Citing cases

  1. State v. Gaylord

    No. A-24-053 (Neb. Ct. App. Sep. 17, 2024)

    The rule that a sentence will not be disturbed on appeal absent an abuse of discretion is applied to the restitution portion of a criminal sentence, and the standard of review for restitution is the same as it is for other parts of the sentence. State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020).

  2. State v. Tsosie

    No. A-23-969 (Neb. Ct. App. May. 14, 2024)

    The Nebraska Supreme Court has stated that § 29-2260 is a directive to the trial court as to certain factors to be considered in imposing the sentence, but it does not control the trial court's discretion as to the proper sentence to be imposed. See State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020). While the specified factors must be "accorded weight," they are neither exclusive of other factors nor "controlling the discretion of the court."

  3. State v. Jackson

    No. A-23-411 (Neb. Ct. App. Jan. 30, 2024)

    The Nebraska Supreme Court has stated that § 29-2260 is a directive to the trial court as to certain factors to be considered in imposing the sentence, but it does not control the trial court's discretion as to the proper sentence to be imposed. See State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020). While the specified factors must be "accorded weight," they are neither exclusive of other factors nor "controlling the discretion of the court."

  4. State v. Morton

    29 Neb. App. 624 (Neb. Ct. App. 2021)   Cited 3 times

    The Supreme Court has stated that § 29-2260 is a directive to the trial court as to certain factors to be considered in imposing the sentence, but also that § 29-2260 does not control the trial court's discretion in its conclusion reached as to the proper sentence to be imposed, after weighing the statutory factors. State v. McCulley , 305 Neb. 139, 939 N.W.2d 373 (2020). The specified factors must be " ‘accorded weight,’ " but they are neither exclusive of other factors nor " ‘controlling the discretion of the court.’ "

  5. State v. Lara

    315 Neb. 856 (Neb. 2024)   Cited 12 times

    But plea bargaining has been recognized as an essential component of the administration of justice, and both the U.S. Supreme Court and this court have held that "when a plea rests in any significant degree on a promise or agreement of the prosecutor, so that it can be said to be part of the inducement or consideration, such promise must be fulfilled." See, State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020); State v. Landera, 285 Neb. 243, 826 N.W.2d 570 (2013). See State v. Leahy, 301 Neb. 228, 917 N.W.2d 895 (2018).

  6. State v. Greer

    309 Neb. 667 (Neb. 2021)   Cited 44 times

    The district court stated on the record that it considered the PSR, which included information for all of the factors to be considered by a sentencing court. Though it may be good practice for district courts to provide a record of their reasoning, we do not require the sentencing court to articulate on the record that it has considered each sentencing factor nor to make specific findings as to the facts pertaining to the factors or the weight given them. See State v. McCulley , 305 Neb. 139, 939 N.W.2d 373 (2020). Greer also argues that the sentence imposed fits only the crime and not the offender.

  7. State v. Starks

    308 Neb. 527 (Neb. 2021)   Cited 25 times

    See, also, Neb. Rev. Stat. § 29-2308(1) (Reissue 2016).State v. McCulley , 305 Neb. 139, 939 N.W.2d 373 (2020). See State v. Guzman , 305 Neb. 376, 940 N.W.2d 552 (2020).

  8. State v. Street

    306 Neb. 380 (Neb. 2020)   Cited 9 times

    ANALYSIS See State v. McCulley , 305 Neb. 139, 939 N.W.2d 373 (2020).Id.

  9. State v. Montoya

    No. A-24-050 (Neb. Ct. App. Aug. 6, 2024)

    Neb. Rev. Stat. § 83-1,106 (Reissue 2014) creates the requirement for the court to determine and apply credit for time served. State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020).

  10. State v. Torres

    No. A-23-897 (Neb. Ct. App. Jun. 25, 2024)

    However, such statute does not provide that a defendant can or should request the evaluations. See State v. St. Cyr, 26 Neb.App. 61, 916 N.W.2d 753 (2018), disapproved on other grounds, State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020).