Legal Opinion · Dissent

State v. Ruisi

Nebraska Court of Appeals

Decided July 11, 2000No. A-99-382Published

1Dissent

*451Buckley, District Judge, Retired,

dissenting.

I respectfully dissent from that portion of the opinion of the majority that the county court’s sentences were not excessive and, therefore, not an abuse of discretion. The district court, in appellate review, said they were excessive. I agree.

An abuse of discretion “takes place when the sentencing court’s reasons or rulings are clearly untenable and unfairly deprive a litigant of a substantial right and a just result.” State v. Philipps, 242 Neb. 894, 898, 496 N.W.2d 874, 877 (1993).

The majority states that “[s]o long as a trial court’s sentence is…

2Cases cited3 opinions

  1. State v. PhilippsNebraska Supreme Court · 1993
  2. State v. HarrisonNebraska Supreme Court · 1999
  3. State v. HopkinsNebraska Court of Appeals · 1998

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