Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:

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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.