State v. Huston, 298 Neb. 323

In July 2016 Brianna L. Huston was charged with driving during revocation; she pled guilty in November 2016 to an amended first-offense charge.
County court sentenced Huston to 45 days’ jail, 6 months’ probation, and ordered a 1-year driver’s license revocation, relying on State v. Frederick construing Neb. Rev. Stat. § 60-4,108 (pre-amendment) as requiring mandatory 1-year revocation.
Huston appealed the revocation to the district court, which affirmed; she then appealed to the Nebraska Supreme Court.
While her appeal was pending, 2017 Neb. Laws, L.B. 263 amended § 60-4,108 to make license revocation discretionary for first offenders who are placed on probation.
The Supreme Court determined the amendment reduced punishment and thus, under Randolph and related precedent, applied retroactively because Huston’s judgment was not final; the court vacated the entire sentence and remanded for resentencing under the amended statute.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the 2017 amendment to § 60-4,108 applies to Huston and permits judicial discretion to avoid mandatory 1-year revocation when probation is imposed	Huston: The amendment mitigates punishment and applies retroactively because final judgment had not issued; court should have discretion instead of mandatory revocation	State: The sentencing conformed to the then-existing law (and Frederick); sentence within statutory limits so amendment should not alter outcome	Held: The amendment mitigates punishment and applies retroactively; county court must have discretion—Huston’s sentence vacated and remanded for resentencing consistent with amended § 60-4,108
Whether the district/sentencing court erred in ordering the revocation to begin immediately	Huston: Immediate start was improper	State: Immediate revocation was required under prior interpretation	Held: Court did not reach merits of this assignment because retroactive application of the amendment requires resentencing; issue unnecessary to decide

State v. Frederick, 291 Neb. 243, 864 N.W.2d 681 (2015) (court held revocation was required under the pre-amendment § 60-4,108)
State v. Randolph, 186 Neb. 297, 183 N.W.2d 225 (1971) (when legislature mitigates punishment after offense but before final judgment, the defendant receives the milder punishment unless Legislature provides otherwise)
State v. Lantz, 290 Neb. 757, 861 N.W.2d 728 (2015) (discussing application of amendments to criminal statutes where punishment is mitigated)
State v. Chacon, 296 Neb. 203, 894 N.W.2d 238 (2017) (addressing retroactive relief principles in sentencing contexts)