State v. Benavides

Printer-friendly versionPrinter-friendly versionPDF versionPDF version

State v. Benavides

Case Number
S-15-1053
Call Date
September 2, 2016
Court Number
Madison
Case Summary

S-15-1053 State v. Eric Benavides (Appellant)

Madison County, Judge James G. Kube

Attorneys: Chelsey R. Hartner (Public Defender's Office for Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: Plea: Assault in the 3rd degree'domestic, a Class IV felony

Proceedings below: Pursuant to a plea agreement, Appellant entered a guilty plea to Assault in the 3rd degree'domestic, a Class IV felony. After a sentencing hearing, Appellant was sentenced to a term of 12-18 months in the Department of Corrections. Appellee, the State, filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.

Issues: 1. The lower court erred in sentencing Appellant as it failed to apply Neb. Rev. Stat. ' 29-2204.02 (2015 Supp.) as amended by L.B. 605 which became effective August 30, 2015. 2. The lower court erred in sentencing Appellant to a term of incarceration rather than a term of probation.