Nebraska Statutes 29-2323. Appeal of sentence by prosecutor; sentencing alternatives
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Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:
Terms Used In Nebraska Statutes 29-2323
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Remand: When an appellate court sends a case back to a lower court for further proceedings.
(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.