State v. Greer, 309 Neb. 667

Kenneth Greer pled no contest to second-degree assault (Class IIA); State dismissed DUI causing serious bodily injury. A 6-year-old passenger suffered catastrophic head and spinal injuries and became partially paralyzed.
Crash facts: Greer fled initial collision, then struck a van while driving ~67 mph in a 25 mph zone; his BAC was .311 and he smelled of alcohol at the scene.
Presentence report (PSR) documented extensive victim injuries and costs (~$850,000), Greer’s prior criminal history (two prior DUIs, felony cocaine possession), poor probation compliance, and a high risk to reoffend; PSR recommended incarceration.
At sentencing the court considered the PSR and victim impact, and sentenced Greer to 19–20 years’ imprisonment (within statutory maximum of 20 years).
Procedural: Greer filed an initial appeal with an in forma pauperis affidavit notarized with an expired notary commission; that appeal was dismissed by stipulation. He timely filed a second appeal with a valid poverty affidavit, raising an excessive-sentence claim.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the prior stipulated dismissal of Greer’s first appeal operates as an affirmance and bars the second appeal	State: The first attempt was not perfected (invalid affidavit) so dismissal did not establish appellate jurisdiction; the second, properly perfected appeal is valid	Greer: (challenged sentence on appeal; dispute whether prior dismissal could preclude review)	Court: First appeal was not perfected due to invalid notary stamp and was a legal nullity; the second appeal was properly perfected within 30 days and appellate jurisdiction exists
Whether the 19–20 year sentence is excessive / an abuse of discretion	State: Sentence is within statutory limits; court considered appropriate factors and did not abuse its discretion	Greer: District court failed to adequately consider mitigating factors (age, education, mentality, prior record, individualized sentencing) and imposed a sentence that fits only the crime, not the offender	Court: No abuse of discretion. Court considered the PSR and relevant factors; the sentence was reasonable given victim harm, Greer’s history, and risk to reoffend

L. J. Vontz Constr. Co. v. City of Alliance, 243 Neb. 334, 500 N.W.2d 173 (1993) (dismissal of an appeal without merits generally operates as affirmance; distinguished where first appeal was not perfected)
In re Estate of Marsh, 145 Neb. 559, 17 N.W.2d 471 (1945) (same general rule about dismissal-as-affirmance)
Porter v. Porter, 959 N.W.2d 235 (2021) (appellate jurisdiction principles)
State v. Melton, 308 Neb. 159, 953 N.W.2d 246 (2021) (in forma pauperis appeals are perfected only with timely notice and a proper poverty affidavit)
State v. Gray, 307 Neb. 418, 949 N.W.2d 320 (2020) (standard of review for sentencing and abuse-of-discretion analysis)
State v. McCulley, 305 Neb. 139, 939 N.W.2d 373 (2020) (court not required to articulate consideration of each sentencing factor on the record)
State v. Miller, 240 Neb. 297, 481 N.W.2d 580 (1992) (principle that a nonexistent appeal produces no review; "nothing comes from nothing")