State v. Garcia-Pelico

- 707 - Nebraska Court of Appeals Advance Sheets 31 Nebraska Appellate Reports STATE V. GARCIA-PELICO Cite as

31 Neb. App. 707

State of Nebraska, appellee, v. Ariel Garcia-Pelico, appellant. ___ N.W.2d ___ Filed March 28, 2023. No. A-22-535. 1. Criminal Law: Trial. In criminal prosecutions, the withdrawal of a rest in a trial on the merits is within the discretion of the trial court. 2. Sentences: Appeal and Error. A sentence imposed within the statutory limits will not be disturbed on appeal in the absence of an abuse of dis- cretion by the trial court. 3. Judges: Words and Phrases. A judicial…