Summary
In State v. Egger, 234 Neb. 175, 449 N.W.2d 558 (1989), we remanded to the district court for resentencing, after finding that the court had not sentenced Egger to a separate consecutive term on the firearm charge, as required by Neb. Rev. Stat. § 28-1205(3) (Reissue 1989).
Summary of this case from State v. EggerOpinion
No. 89-376.
Filed December 29, 1989.
Appeal from the District Court for Saline County: ORVILLE L. COADY, Judge. Remanded with directions.
James H. Buhrmann for appellant.
Robert M. Spire, Attorney General, and Donald A. Kohtz for appellee.
HASTINGS, C.J., BOSLAUGH, WHITE, CAPORALE, SHANAHAN, GRANT, and FAHRNBRUCH, JJ.
Appellant was convicted of making a terroristic threat, see Neb. Rev. Stat. § 28-311.01 (Cum. Supp. 1988), a Class IV felony punishable by up to 5 years' imprisonment, up to a $10,000 fine, or both, and use of a firearm to commit a felony, see Neb. Rev. Stat. § 28-1205 (Reissue 1985), a Class III felony punishable by 1 to 20 years' imprisonment, up to a $25,000 fine, or both. He was sentenced to 2 years in the penal complex. He was not sentenced to a separate consecutive term on the firearm charge, as required by statute. See, State v. Stratton, 220 Neb. 854, 374 N.W.2d 31 (1985); 28-1205(3).
Therefore, the matter must be remanded to the district court for resentencing.
REMANDED WITH DIRECTIONS.