Summary
The Nebraska Supreme Court held that, upon revocation of post-release supervision, the maximum incarceration term is governed exclusively by Neb. Rev. Stat. § 29-2268(2) and is not limited by the maximum initial imprisonment term under § 28-105. The court affirmed an eight-month county jail sentence imposed on Angok B. Wal after he violated conditions of post-release supervision, concluding that the sentence was within the remaining supervision period and was not an abuse of discretion.
Topics
Practice areas
Questions Presented
- Whether imprisonment imposed after revocation of post-release supervision must be added to the initial prison term and remain within the maximum term of imprisonment authorized for the underlying Class IV felony under Neb. Rev. Stat. § 28-105.
- Whether the district court abused its discretion by imposing eight months' imprisonment after revoking Wal's post-release supervision.
Holdings
- When post-release supervision is revoked, the maximum term of imprisonment that may be imposed is governed exclusively by Neb. Rev. Stat. § 29-2268(2) and does not depend on the maximum sentence of initial imprisonment authorized by § 28-105.
- Upon revoking post-release supervision for noncompliance, the trial court has the option of imposing a term of incarceration up to the remaining period of post-release supervision.
- A sentencing court may impose any term of imprisonment up to the remaining period of post-release supervision, and an appellate court will not disturb that decision absent an abuse of discretion.
Key quotations
“We hold that when a court has revoked post-release supervision, the maximum term of imprisonment that can be imposed is governed exclusively by § 29-2268(2) and does not depend on the maximum sentence of initial imprisonment authorized under § 28-105.” (313)
“Because a sentencing court has discretion under § 29-2268(2) to impose, upon revocation, any term of imprisonment up to the remaining period of post-release supervision, an appellate court will not disturb that decision absent an abuse of discretion.” (314)
Factual background
Wal pleaded guilty to criminal mischief, a Class IV felony, and was sentenced to 20 months' imprisonment followed by 12 months' post-release supervision, with a concurrent misdemeanor sentence. Shortly after release, he violated numerous supervision conditions, including failing to report, submit to testing, obtain required evaluations, attend treatment, complete community service, and pay fees. He admitted the violations, and the district court revoked supervision and imposed eight months' imprisonment; the parties stipulated that he had served only 14 days of post-release supervision before absconding.
Procedural history
Wal pleaded guilty to a Class IV felony and received 20 months' imprisonment followed by 12 months' post-release supervision. After Wal admitted violating multiple supervision conditions, the district court revoked post-release supervision and imposed eight months' imprisonment in the county jail. The Nebraska Supreme Court moved the timely appeal to its docket on its own motion and affirmed.