State v. Losinger

268 Neb. 660 (2004) · Supreme Court of Nebraska · September 24, 2004 · No. No. S-03-1304

Summary

The Nebraska Supreme Court reviewed Daniel J. Losinger's challenge to consecutive sentences imposed for second degree murder and use of a deadly weapon to commit a felony. The court held that the sentences were within statutory limits and that the trial court did not abuse its discretion in considering the circumstances of the offense and Losinger's background.

Holdings

  1. The trial court did not abuse its discretion by imposing consecutive sentences of 50 years to life for second degree murder and 10 to 20 years for use of a deadly weapon to commit a felony because the sentences were within the statutory limits and were supported by the relevant sentencing factors and the circumstances of the offenses.

Questions Presented

  1. Whether the trial court abused its discretion by imposing excessive sentences for second degree murder and use of a deadly weapon to commit a felony.

Disposition

affirmed

Cases Cited (7)

  • State v. Weaver, 267 Neb. 826, 677 N.W.2d 502 (2004)(applied)
  • State v. Faber, 264 Neb. 198, 647 N.W.2d 67 (2002)(cited)
  • State v. Hill, 255 Neb. 173, 583 N.W.2d 20 (1998)(cited)
  • State v. McPherson, 266 Neb. 715, 668 N.W.2d 488 (2003)(cited)
  • State v. Timmens, 263 Neb. 622, 641 N.W.2d 383 (2002)(applied)
  • State v. Hubbard, 267 Neb. 316, 673 N.W.2d 567 (2004)(cited)
  • State v. Roeder, 262 Neb. 951, 636 N.W.2d 870 (2001)(applied)

Cited In (0)

No citing cases on record yet.

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