State v. Egger
Nebraska Supreme Court
State v. Egger, 449 N.W.2d 558 (Neb. 1989)
234 Neb. 175; 1989 Neb. LEXIS 484
Boslaugh, Caporale, Fahrnbruch, Grant, Hastings, Shanahan, White
State v. Egger
Opinion
Appellant was convicted of making a terroristic threat, see Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), a Class IV felony punishable by up to 5 years’ imprisonment, up to a $10,000 fine, or both, and use of a firearm to commit a felony, see Neb. Rev. Stat. § 28-1205 (Reissue 1985), a Class III felony punishable by 1 to 20 years’ imprisonment, up to a $25,000 fine, or both. He was sentenced to 2 years in the penal complex. He was not sentenced to a separate consecutive term on the firearm charge, as required by statute. See, State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985); § 28-1205(3).
Therefore, the matter must be remanded to the district court for resentencing.
Remanded with directions.
Reference
- Full Case Name
- State of Nebraska, Appellee, v. Michael W. Egger, Appellant
- Cited By
- 2 cases
- Status
- Published