State of Nebraska v. Jesus A. Chacon

Summary

The Nebraska Supreme Court reviewed Jesus A. Chacon’s excessive-sentence challenges arising from convictions for possession of controlled substances and second-offense driving under the influence. The court affirmed the sentences in case No. S-16-419 and the DUI sentence in case No. S-16-425, but vacated the possession sentence in case No. S-16-425 and remanded for resentencing under 2016 Neb. Laws, L.B. 1094.

Holdings

1. The sentence was within the statutory limits, and the district court did not abuse its discretion by imposing a sentence of 20 months to 5 years' imprisonment after considering the relevant sentencing factors and Chacon's history and treatment needs.
2. L.B. 1094 applied retroactively to Chacon's nonfinal sentence because it mitigated the applicable punishment, did not create a new crime, and the Legislature did not provide that the amendment would not apply to offenders under sentence on its effective date.
3. The court could recognize the sentencing error as plain error even though Chacon did not assign it, and Chacon was entitled to resentencing under L.B. 1094.
4. The court would not consider the propriety of the DUI sentence because the alleged error was not specifically argued in Chacon's brief.

Questions Presented

1. Whether Chacon's sentence for possession of a controlled substance in case No. S-16-419 was excessive or constituted an abuse of discretion.
2. Whether the sentence for possession of a controlled substance in case No. S-16-425 was subject to retroactive relief under 2016 Neb. Laws, L.B. 1094 and the Randolph doctrine.
3. Whether the court should review the DUI sentence in case No. S-16-425 when the alleged excessiveness was not specifically argued in the appellate brief.

Disposition

reversed_and_remanded