State v. Greer, 309 Neb. 667

Kenneth Greer pled no contest to second-degree assault; the State dismissed a DUI causing serious bodily injury charge as part of the plea.
On November 6, 2019, Greer drove at high speed, fled the scene after an initial collision, then ran a stop sign and struck a van carrying a 6-year-old girl who suffered traumatic head and spinal injuries and became partially paralyzed.
Greer’s blood alcohol content was .311; he had two prior DUI convictions, a felony possession conviction, a revoked license, and a history of unsuccessful probation.
The presentence report concluded Greer posed a very high risk to reoffend, showed denial/minimization, and recommended a straight sentence of incarceration.
The district court sentenced Greer to 19–20 years’ imprisonment on August 6, 2020.
Greer’s first appeal attempt used an affidavit with an expired notary stamp and was dismissed; he timely filed a second, properly perfected in forma pauperis appeal.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether appellate court has jurisdiction over Greer’s second appeal after dismissal of his first appeal	State: Jurisdiction exists because the second appeal was properly perfected within the statutory period	Greer: First appeal was not perfected (invalid poverty affidavit); dismissal was a nullity so the second appeal is timely and establishes jurisdiction	Court: Jurisdiction exists; first appeal was never perfected so its dismissal was a legal nullity and did not bar the second appeal
Whether the 19–20 year sentence was excessive / an abuse of discretion	State: Sentence within statutory limits; court considered PSR and appropriate factors; no abuse of discretion	Greer: District court failed to adequately consider mitigating factors (age, education, mentality, criminal history) and sentenced to fit the crime rather than the offender	Court: Affirmed; sentence within statutory limits and court considered the factors (no abuse of discretion); court need not recite each factor on the record

Porter v. Porter, 959 N.W.2d 235 (2021) (appellate duty to determine jurisdiction)
State v. Gray, 949 N.W.2d 320 (2020) (standard for reviewing alleged excessive sentences)
State v. Melton, 953 N.W.2d 246 (2021) (in forma pauperis appeals are perfected by timely notice and proper poverty affidavit)
L. J. Vontz Constr. Co. v. City of Alliance, 500 N.W.2d 173 (1993) (rule that dismissal of an appeal without merits can operate as affirmance—distinguishable where appeal was not perfected)
In re Estate of Marsh, 17 N.W.2d 471 (1945) (same general rule regarding appeal dismissals)
State v. McCulley, 939 N.W.2d 373 (2020) (sentencing court need not articulate consideration of every factor on the record)
State v. Miller, 481 N.W.2d 580 (1992) (principle that an unperfected appeal is a nullity; "nothing comes from nothing")