State of Nebraska v. Terrence D. Moore

759 N.W.2d 698, 277 Neb. 111 (2009) · Supreme Court of Nebraska · January 30, 2009 · No. No. S-08-417

Summary

The Nebraska Supreme Court affirmed Terrence D. Moore's convictions and consecutive sentences for two counts of second degree murder and two counts of use of a deadly weapon to commit a felony. The court held that a life-to-life sentence for second degree murder, a Class IB felony, was authorized under Nebraska law and declined to revisit State v. Marrs. The court also concluded that the sentences were not excessive and that the district court did not abuse its discretion.

Holdings

  1. A life to life sentence for second degree murder, a Class IB felony, is a permissible sentence under Neb. Rev. Stat. § 29-2204.
  2. The district court did not abuse its discretion in imposing the consecutive sentences, and the sentences were not excessive.

Questions Presented

  1. Whether life to life imprisonment is an authorized sentence for a Class IB felony under Nebraska Revised Statutes § 29-2204.
  2. Whether the district court abused its discretion by imposing excessively severe consecutive sentences.

Disposition

affirmed

Cases Cited (4)

  • State v. Moore, 274 Neb. 790, 743 N.W.2d 375 (2008)(followed for prior procedural history)
  • State v. Marrs, 272 Neb. 573, 723 N.W.2d 499 (2006)(followed)
  • Poindexter v. Houston, 275 Neb. 863, 750 N.W.2d 688 (2008)(distinguished)
  • State v. Reid, 274 Neb. 780, 743 N.W.2d 370 (2008)(followed)

Cited In (0)

No citing cases on record yet.

Court Document

Open PDF
Loading document…