Appeal of sentence by prosecutor; sentencing alternatives.
Neb. Rev. Stat. § 29-2323
in effect29-2323. Appeal of sentence by prosecutor; sentencing alternatives.
Upon consideration of the criteria enumerated in section 29-2322, the appellate court shall:
(1) If it determines that the sentence imposed is excessively lenient, set aside the sentence, and:
(a) Remand the case for imposition of a greater sentence;
(b) Remand the case for further sentencing proceedings; or
(c) Impose a greater sentence; or
(2) If it determines that the sentence imposed is not excessively lenient, affirm the sentence.
Laws 1982, LB 402, § 4; Laws 1991, LB 732, § 85.
Source: Nebraska Legislature (nebraskalegislature.gov)URL: https://nebraskalegislature.gov/laws/statutes.php?statute=29-2323Fetched: 10/20/2026
