State v. Shaull

Summary

The Nebraska Supreme Court affirmed Steven D. Shaull’s sentence for theft by deception, including the conditions of postrelease supervision. The court held that Shaull waived his challenge to the conditions as unrelated to rehabilitation and that any inability to comply due to possible extradition could be addressed through a later motion to modify the conditions.

Holdings

1. The district court did not abuse its discretion by imposing the challenged postrelease-supervision conditions. The possibility of Shaull's extradition was not certain at sentencing, and if extradition occurred, the conditions could be modified on motion of the defendant or on the court's own motion.
2. Shaull waived his argument that the conditions were not reasonably related to the purposes of postrelease supervision because he did not object to the conditions on that specific ground in the district court.
3. The sentence and conditions were not otherwise an abuse of discretion.

Questions Presented

1. Whether the district court abused its discretion by imposing postrelease-supervision conditions that Shaull allegedly could not comply with while incarcerated in another state.
2. Whether Shaull preserved his argument that the postrelease-supervision conditions were not reasonably related to rehabilitation and the purposes of supervision.

Disposition

affirmed