(DOWNLOAD) "State Nebraska v. Reginald Country" by Supreme Court of Nebraska # Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Reginald Country
- Author : Supreme Court of Nebraska
- Release Date : January 23, 1975
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 63 KB
Description
The issue in this case is whether the doctrine enunciated in State v. Randolph, 186 Neb. 297, 183 N.W.2d 225, that where a criminal statute is amended by mitigating the punishment, after the commission of a prohibited act but before final judgment, the punishment is that provided by the amendatory act unless the Legislature has specifically provided otherwise, applies to require reduction of a sentence imposed for conviction of the crime of rape under section 28-408, R. S. Supp., 1974. The question arises because of the enactment of L.B. 23, Laws 1975, p. 92, which redefined most nonconsensual sexual crimes and placed them in two categories of sexual assault. The defendant entered a plea of nolo contendere to a charge of forcible rape and, as part of a bargain in connection with said plea, a second count charging him with being an habitual criminal was dismissed. The trial Judge imposed a sentence of 10 to 30 years in the Nebraska Penal and Correctional Complex. After his conviction and sentence and while this appeal was pending, L.B. 23 was enacted. The defendant appeals and asserts that the sentence is excessive and seeks the benefit of the doctrine announced in Randolph. If Randolph applies in this case, the maximum effective penalty which could be imposed would be 8 1/3 to 25 years.