State v. Caleb A. Phillips

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State v. Caleb A. Phillips

Case Number
Call Date
January 9, 2019
Court Number
Case Location
Case Summary

S-18-0590 State v. Caleb A. Phillips (Appellant)

Lancaster County District Court, Judge John A. Colborn

Attorneys: Nathan A. Liss (Attorney General’s Office) --- Jennifer M. Houlden (Public Defender’s Office) (Appellant)

Criminal: Plea; Post-release supervision revocation; Sentencing

Proceedings below: Appellant plead no contest to one count of terroristic threats and was sentenced to three years imprisonment and 18 months post-release supervision. Appellant plead no contest to the State’s motion for revocation of post-release supervision and was sentenced to 365 days incarceration in county jail.

Issues: The trial court erred in 1) extending Appellant’s remaining term of post-release supervision upon revocation; 2) failing to give Appellant the jail credit for time spent in jail pursuant to Neb. Rev. Stat. §47-503; 3) imposing an illegal sentence; and 4) in an abuse of discretion, ordering an excessive sentence.