State v. Philipps

I. STATEMENT OF CASE

After the sentences imposed upon the defendant-appellant, Carla Philipps, were found by this court not to be excessive and were thus affirmed in State v. Philipps, 242 Neb. 894, 496 N.W.2d 874 (1993), the district court, on its own motion, set a hearing to determine whether the sentences should nonetheless be reduced under the provisions of the resentencing statute found in Neb. Rev. Stat. § 29-2308.01 (Reissue 1989). Upon the challenge of the plaintiff-appellee State, the district court determined that the resentencing statute violates the separation of powers clause…