State v. Hunnel, 290 Neb. 1039

Hunnel pled guilty to one count felon in possession and three counts attempted felon in possession in Buffalo County.
In exchange, the State dismissed 26 counts and amended 3 counts; original information filed Feb. 15, 2013; amended Apr. 8, 2014.
Earlier, law enforcement found 30 weapons and ammunition at Hunnel’s home; he was arrested Jan. 24, 2013, released on bond Feb. 8, 2013.
Hunnel has a lengthy criminal history, including prior federal conviction for Illegal Import of Wildlife; probation revoked in 2008 and 11-month BOP sentence served.
PSI notes high risk for reoffending and noncompliance with probation; federal sentence for weapons offense dated Dec. 10, 2013, with hold Dec. 19, 2013.
Sentencing on June 12, 2014: state court imposed 7–15 years on count I and 20 months–5 years on counts II–IV, with 86 days credit but no credit for 369 federal days; appeal followed.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Credit for time served on a prior federal sentence	Hunnel seeks 369 days credit under §83-1,106(4).	Credit should be awarded for time served; §83-1,106(4) covers jail time for former charges.	No merit; §83-1,106(4) covers jail time only, not prison time from prior convictions.
admissibility of newspaper article at sentencing	Article shows favorable character references.	Article should be admitted as mitigating evidence.	Courts have broad sentencing discretion; article not an error to exclude; no vacatur.

State v. Carngbe, 288 Neb. 347 (2014) (time spent serving a sentence on a prior conviction not credited under §83-1,106(4))
State v. Kass, 281 Neb. 892 (2011) (credit for time served and statutory limits reviewed on abuse of discretion)
State v. Banes, 268 Neb. 805 (2004) (time spent in custody under former charge—jail time only under §83-1,106(4))
State v. Berney, 288 Neb. 377 (2014) (congruence with prior-conviction credit rules)
State v. Pullens, 281 Neb. 828 (2011) (sentencing review for excessiveness within statutory limits)
State v. Ritsch, 232 Neb. 407 (1989) (guidelines on sentencing and reasonable discretion)
State v. Ramirez, 284 Neb. 697 (2012) (sentencing posture and consideration of life circumstances)