State v. Davis, 8 N.W.3d 247

Michael D. Davis was convicted in 2021 of three counts of child abuse (Class IIIA felonies) and one count of first degree arson (Class II felony).
For the arson conviction, he received a sentence of 20 to 20 years' imprisonment.
Davis appealed, but because of briefing deficiencies, the appellate review was limited to plain error and no error was found.
He subsequently filed for postconviction relief, arguing that the arson sentence was void as it did not set a minimum term less than the maximum, allegedly violating Neb. Rev. Stat. § 29-2204(1)(a).
The district court agreed, granted postconviction relief, and resentenced Davis.
The State appealed, contesting the district court's authority to modify the sentence after execution absent constitutional violation.

Issue	Davis's Argument	State's Argument	Held
Was the 20-20 year arson sentence void for lacking a valid minimum term?	It was void as minimum must be less than maximum under § 29-2204(1)(a).	The sentence, while irregular, defaulted by statute to a valid 1-year minimum; not void.	Not void; minimum term supplied by law per § 29-2204(1)(b).
Was postconviction relief available to challenge the sentence?	Sentence was void/voidable due to statutory violation; thus, relief proper.	Only constitutional violations make a sentence voidable via postconviction relief.	Postconviction relief unavailable; sentence within statutory limits.
Did the district court have authority to resentence?	Yes, because the original sentence was allegedly void ab initio.	No, since sentence was not void and had been executed.	No authority; district court erred by resentencing Davis.
Were Davis's appellate issues moot after vacatur of resentencing?	Not directly addressed as issues were tied to the resentencing.	State contended there was nothing to appeal as new sentence was void.	Issues moot; appeal dismissed as new sentence vacated.

State v. Lessley, 301 Neb. 734, 919 N.W.2d 884 (2018) (improper sentencing where minimum and maximum terms are equal; courts must pronounce a valid minimum)
State v. Schnabel, 260 Neb. 618, 618 N.W.2d 699 (2000) (where minimum term not properly pronounced, statute supplies the minimum by operation of law)
State v. Gass, 269 Neb. 834, 697 N.W.2d 245 (2005) (similar analysis re: minimum terms and sentencing defaults)
State v. Barnes, 303 Neb. 167, 927 N.W.2d 64 (2019) (sentencing as final judgment for appeal purposes)
State v. Burnett, 254 Neb. 771, 579 N.W.2d 513 (1998) (postconviction relief unavailable if sentence is within statutory limits)