Legal Opinion
State v. Hurbenca
Nebraska Supreme Court
Decided October 10, 2003No. S-02-1161PublishedCited by 27 opinions
1Opinion of the CourtWright, J.
I. NATURE OF CASE
Vasile Hurbenca pled guilty to a charge of attempted escape, and the district court for Lancaster County found him to be a habitual criminal under Neb. Rev. Stat. § 29-2221 (Reissue 1995). The court sentenced Hurbenca to 10 to 15 years’ imprisonment to be served consecutively to any sentence he was currently serving and ordered that he serve a mandatory term of 10 years. Hurbenca appeals.
II. SCOPE OF REVIEW
Whether a statute is constitutional is a question of law; accordingly, the Nebraska Supreme Court is obligated to reach a conclusion independent of the decision reached by…
2Cases cited27 opinions
- Apprendi v. New JerseySupreme Court of the United States · 2000
- In Re WINSHIPSupreme Court of the United States · 1970
- Almendarez-Torres v. United StatesSupreme Court of the United States · 1998
- Ring v. ArizonaSupreme Court of the United States · 2002
- Jones v. United StatesSupreme Court of the United States · 1999
22 more not listed; retrieve them via the Exa API.
3Cited by27 opinions
- Commonwealth v. AponteSupreme Court of Pennsylvania · 2004
- State v. GalesNebraska Court of Appeals · 2005
- State v. MataNebraska Supreme Court · 2008
- State v. ThomasNebraska Supreme Court · 2004
- State v. WormNebraska Supreme Court · 2004
22 more not listed; retrieve them via the Exa API.