State v. Rieger

NATURE OF CASE

David W. Rieger appealed from his conviction and sentence on charges of robbery and being a habitual criminal. Due to the pendency of an appeal from the denial of Rieger’s motion for discharge, the Nebraska Court of Appeals vacated his sentence of 20 to 40 years’ imprisonment, dismissed the appeal, and remanded the cause for resentencing. State v. Rieger, 8 Neb. App. 20, 588 N.W.2d 206 (1999). Sentencing by a different judge resulted in Rieger’s receiving the same sentence of 20 to 40 years’ imprisonment. Rieger timely appeals.

SCOPE OF REVIEW

On a question of law, an appellate…