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  1. #1
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    Mar 2016
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    Default Habitual Offender Sentencing in Nebraska

    My question involves criminal law for the state of: Nebraska

    I am trying to get a better understanding of this statue: http://nebraskalegislature.gov/laws/...tatute=29-2221 - habitual criminal statute.

    This is the first paragraph: "(1) Whoever has been twice convicted of a crime, sentenced, and committed to prison, in this or any other state or by the United States or once in this state and once at least in any other state or by the United States, for terms of not less than one year each shall, upon conviction of a felony committed in this state, be deemed to be a habitual criminal and shall be punished by imprisonment in a Department of Correctional Services adult correctional facility for a mandatory minimum term of ten years and a maximum term of not more than sixty years, except that:"

    Does it have to be the same crime (burglary, assault, etc) or the same type of crime (felony, misdemeanor)? If someone is convicted twice of a felony, would the prosecution suggest this habitual criminal statute to the judge in sentencing?

    Someone mentioned this to me when discussing my ex's legal troubles. He is on trial for a felony and already has felony burglary on his record, felony aggravated assault and I believe felony DUI because he has more than three. I think four? Right now his charges are class II felonies which is 1-50 years. He has not been convicted yet and could very well be found not guilty I realize. I just do not think he realizes what he faces if he is found guilty and heard about this and wondered about it. I have no concern if he goes to prison but I had not heard of this statute until someone mentioned it and it seemed a little confusing to me.

  2. #2
    Join Date
    Sep 2010
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    19,901

    Default Re: Habitual Offender Sentencing in Nebraska

    They don't all need to have be the same crime.
    The priors however must have been punished (actually punished, not just subject to punishment) for a year or more. So this does permit misdemeanors where you served a year and excludes felonies where you got less than a year. The way this statute is worded and the way the Nebraska misdemeanor penalties are worded, it does comprise highest class misdemeanors if you got exactly one hear (the misdemeanor can get NOT MORE than a year, this staute says NOT LESS than a yaer).

    So it matters what his sentence on the priors are.

  3. #3
    Join Date
    Mar 2016
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    2,289

    Default Re: Habitual Offender Sentencing in Nebraska

    The burglary was three years but appears to be two counts one each in two counties. Aggravated assault he is on probation but had a violation and spent two weeks in jail for it. He got 30 days on a misdemeanor that carried a year because the prosecutor said if he plead guilty he could get time served. The DUIs he did six months for the fourth one (which is the max for a fourth in Nebraska) and lost his license for 15 years. If he gets his probation revoked that is a 23 month underlying sentence. If he is found guilty of the two felonies on trial for that is a 1-50 year sentence for each so minimum 2 years.

    (Yes I realize he is not someone I should be with and stupidly took me four years to realize it, wasted thousands in money and countless hours in time and so on).

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