State v. Caniglia

NATURE OF CASE

After Cynthia J. Caniglia, appellee, admitted that she had violated the terms of her probation, the district court for Sarpy County entered an order on January 7, 2005, providing that “the probation be terminated as unsuccessful.” The State filed an appeal, relying on Neb. Rev. Stat. § 29-2320 (Cum. Supp. 2004) as the basis for jurisdiction. Section 29-2320 allows the State to appeal in a criminal case when it believes that a sentence is excessively lenient. The Nebraska Court of Appeals concluded that it had jurisdiction pursuant to § 29-2320, found that the district court had…