State v. Greer, 309 Neb. 667

Kenneth Greer pled no contest to second degree assault (Class IIA felony) after a high‑speed, alcohol‑involved crash that left a 6‑year‑old passenger with catastrophic, permanent injuries and large ongoing medical expenses.
Greer’s blood alcohol content was .311 at the time of the collision; evidence showed he fled the scene and later struck a van at a stop sign in a 25 mph zone while driving about 67 mph.
Greer has prior criminal history including two prior DUIs, a felony possession conviction, multiple probation failures, and a revoked license; the PSR recommended incarceration due to high risk to reoffend and poor probation performance.
At sentencing the court considered the PSR and victim impact, and imposed 19 to 20 years’ imprisonment (within the statutory maximum of 20 years for Class IIA felony).
Procedurally, Greer filed an initial appeal with an affidavit bearing an expired notary stamp; that appeal was dismissed by stipulation. Greer then timely filed a second, properly perfected appeal. The Supreme Court addressed both appellate‑jurisdiction questions and the excessive‑sentence claim.

Issue	State's Argument	Greer's Argument	Held
Whether dismissal of Greer’s first appeal (improperly perfected) operated as an affirmance/res judicata preventing the second appeal	First dismissal did not establish jurisdiction or preclude refiling because the initial appeal was never properly perfected	The dismissal might have the effect of affirmance; but Greer timely refiled a proper appeal	Held: The first attempt was not perfected (expired notary); it was a nullity. The second, timely perfected appeal established appellate jurisdiction
Whether Greer’s 19–20 year sentence is excessive / sentencing court abused discretion	Sentence is within statutory limits; court considered PSR, victim impact, and defendant history — no abuse of discretion	Court failed to adequately consider mitigating factors (age, education, mentality, prior convictions) and imposed sentence to fit the crime rather than the offender	Held: No abuse of discretion. Court considered appropriate factors via the PSR and record; sentence affirmed

Porter v. Porter, 959 N.W.2d 235 (Neb. 2021) (appellate‑jurisdiction principles)
State v. Melton, 953 N.W.2d 246 (Neb. 2021) (requirement for proper perfection of in forma pauperis appeals)
State v. Gray, 949 N.W.2d 320 (Neb. 2020) (standard for reviewing whether a sentence within statutory limits is excessive)
L. J. Vontz Constr. Co. v. City of Alliance, 500 N.W.2d 173 (Neb. 1993) (rule that dismissal of a properly perfected appeal without merits can operate as affirmance)
In re Estate of Marsh, 17 N.W.2d 471 (Neb. 1945) (same rule on dismissal and affirmance)
State v. McCulley, 939 N.W.2d 373 (Neb. 2020) (noting sentencing‑factor consideration need not be articulated point‑by‑point on the record)
State v. Miller, 481 N.W.2d 580 (Neb. 1992) (principle that an unperfected appeal conveys no appellate jurisdiction)