State v. Heiser, A-16-1226, A-16-1227, A-16-1228

Amy L. Heiser pled no contest in Boyd County to third-degree sexual assault of a child (Class IIIA); initially sentenced to 5 years’ probation. Probation later revoked after new criminal conduct.
While on probation, Heiser was charged and pled guilty in Holt County to (1) possession of a deadly weapon by a prohibited person (Class ID) and (2) possession of methamphetamine (Class IV); plea agreement dismissed other charges and addressed concurrency but left sentencing to the court.
At a consolidated sentencing hearing, Boyd County revoked probation and imposed 20 months’ imprisonment (20 to 20) for the sexual-assault conviction.
Holt County sentenced Heiser to 36 months (36 to 36) for the deadly-weapon conviction (to run consecutively to Boyd County sentence) and 20–60 months for the methamphetamine conviction (ordered consecutive to both other sentences).
Heiser appealed all three sentences as excessive/abuse of discretion; the State conceded the methamphetamine sentence exceeded statutory limits.
The Nebraska Court of Appeals affirmed the sexual-assault and deadly-weapon sentences but vacated and remanded the methamphetamine sentence for resentencing because it exceeded the maximum authorized term under post-2015 sentencing rules for Class IV felonies.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 20‑month sentence after probation revocation for Class IIIA sexual assault was excessive	Heiser: sentence is excessive	State: sentence within statutory limits and justified by probation violations	Affirmed — within statutory limits; no abuse of discretion
Whether the 36‑month mandatory minimum sentence for possession of a deadly weapon by a prohibited person was excessive	Heiser: sentence excessive	State: sentence is the statutory minimum for Class ID felony and lawful	Affirmed — lowest lawful sentence, no abuse of discretion
Whether the 20–60 month sentence for possession of methamphetamine (Class IV) was excessive/authorized	Heiser: sentence excessive	State: concedes sentence exceeds statutory limits for post‑Aug 30, 2015 offenses	Vacated and remanded — sentence exceeded maximum (must be indeterminate within 0–24 months with no PRS under §29‑2204.02(4))

State v. Chacon, 296 Neb. 203 (2017) (sets sentencing-factor framework and review standard for excessiveness)
State v. Jackson, 297 Neb. 22 (2017) (abuse-of-discretion standard in sentencing review)
State v. Rogers, 297 Neb. 265 (2017) (appellate review of sentences within statutory limits)