State v. Galvan, 941 N.W.2d 183

Galvan pleaded no contest to (1) operating a motor vehicle to avoid arrest (Class IV felony) and (2) driving during suspension (misdemeanor) in Oct–Dec 2017; the court imposed a 2-year determinate sentence with 12 months post-release supervision (PRS) and awarded 76 days credit.
In Jan 2018 Galvan pled to assault by a confined person (Class IIIA felony) and received 180 days imprisonment plus 12 months PRS, ordered consecutive to the earlier sentence.
After completing confinement portions, Galvan began serving both PRS terms on Oct 10, 2018. The State moved to revoke PRS in both cases on Dec 6, 2018 for violations; Galvan admitted and PRS was revoked in both cases on Apr 16, 2019.
At sentencing (June 19, 2019) the court imposed 5 months’ imprisonment in each case, to run consecutively, and awarded no credit for the 64 days Galvan spent in custody after revocation and before sentencing.
Galvan appealed, arguing the court lacked authority under Neb. Rev. Stat. § 29-2268(2) to impose consecutive 5-month PRS revocation terms and that he was entitled to 64 days’ jail credit between revocation and sentencing.
The Nebraska Supreme Court vacated the second 5-month term (assault case), affirmed the first 5-month term (operating-while-avoiding-arrest case), and awarded Galvan 64 days’ credit for time served.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Authority to impose consecutive imprisonment on revocation of multiple PRS terms	State: court could revoke each PRS term and impose imprisonment up to the remaining period for each term	Galvan: § 29-2268(2) authorizes imprisonment only for the single PRS term the probationer was then serving; imposing consecutive 5-month terms exceeded statutory authority	Court: vacated the second 5-month term because PRS terms were required to be consecutive by statute and Galvan had not begun the second PRS when the first was revoked; affirmed the first 5-month term
Credit for custody between revocation and sentencing	State: (position implicit) custody after revocation relates to PRS administration and need not be credited against original sentence	Galvan: 64 days in custody were "as a result of the criminal charge" and must be credited under § 47-503(1)	Court: awarded 64 days’ presentence credit; failure to credit would amount to double punishment

State v. Phillips, 302 Neb. 686, 924 N.W.2d 699 (2019) (method for calculating remaining PRS days and converting months to days)
State v. Vanness, 300 Neb. 159, 912 N.W.2d 736 (2018) (approves consecutive PRS terms and describes successive PRS as additional supervision)
State v. Russell, 248 Neb. 723, 539 N.W.2d 8 (1995) (statutory "shall" can mandate consecutive sentencing)
Mays v. Midnite Dreams, 300 Neb. 485, 915 N.W.2d 71 (2018) (plain error standard discussed)
State v. Kantaras, 294 Neb. 960, 885 N.W.2d 558 (2016) (defines illegal sentence and scope of appellate review)
State v. Clark, 278 Neb. 557, 772 N.W.2d 559 (2009) (court may correct pronouncement of sentence to reflect accurate presentence credit)
State v. Harms, 304 Neb. 441, 934 N.W.2d 850 (2019) (purpose of presentence credit statute to ensure defendants receive correct credit)
Johnson v. United States, 529 U.S. 694 (2000) (postrevocation penalties are attributable to the original conviction)