Opinion No. (2002)

REQUESTED BY: Edward C. Birkel, State Probation Administrator You have posed several questions relating to Neb. Rev. Stat. §29-2301(1995) and its effect upon a sentence of probation once a notice of appeal has been filed. Neb. Rev. Stat. § 29-2301 provides as follows:

29-2301. Appeal; notice; effect. When a person is convicted of an offense and gives notice of his or her intention to appeal to the Court of Appeals or Supreme Court, the execution of the sentence or judgment shall be suspended until such time as the appeal has been determined. The trial court, in its discretion, may allow the…