State v. Bensing

Anita K. Bensing was convicted of knowingly or intentionally possessing more than 1 pound of marijuana and possessing marijuana as a dealer without a tax stamp being affixed to it. She was sentenced to not less than 30 months’ imprisonment on the possession charge and not less than 12 months’ imprisonment on the tax charge, the sentences to run concurrently with each other and consecutively to any other sentence Bensing was then serving.

Bensing appealed her sentences to the Nebraska Court of Appeals, claiming they were excessive. The State petitioned to bypass the Court of Appeals, and we…