State v. Huston, 298 Neb. 323

Background

Brianna L. Huston pled guilty (Nov 2016) to first-offense driving during revocation in Hall County; agreed sentencing was 45 days jail and the State would not oppose house arrest.
County Court sentenced Huston to 45 days jail, 6 months probation, and ordered a 1-year driver’s license revocation, relying on this court’s interpretation of Neb. Rev. Stat. § 60-4,108 in State v. Frederick.
District Court affirmed the county court’s sentence on appeal. Huston timely appealed to the Nebraska Supreme Court in March 2017.
While Huston’s appeal was pending, the Legislature enacted L.B. 263 (effective Aug 24, 2017), amending § 60-4,108 to make license revocation discretionary where the offender is placed on probation.
The Nebraska Supreme Court considered whether the amendment, which mitigates punishment, applies retroactively to Huston because her judgment was not final while her appeal was pending.

Issues

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether L.B. 263's amendment to § 60-4,108 applies to Huston even though the offense occurred before amendment	Huston: amendment mitigates punishment and applies retroactively because final judgment had not issued	State: prior statute (as interpreted in Frederick) required mandatory 1-year revocation at sentencing; amendment should not alter Huston’s valid sentence	The amendment mitigates punishment and applies retroactively because judgment was not final; county court should have had discretion on revocation
Whether the county court’s mandatory 1-year revocation was lawful at sentencing	Huston: mandatory revocation was imposed but now erroneous given the amendment	State: county court correctly followed binding precedent (Frederick) and statutory text then in effect	Court vacated the sentence as plain error because the county court was precluded from exercising discretion now granted by amendment
Remedy required if amendment applies retroactively	Huston: resentencing under amended statute permitting discretion	State: (implicitly) enforcement of original sentence as within statutory limits	Court vacated entire sentence and remanded for resentencing consistent with amended § 60-4,108
Need to resolve other assigned errors about timing/implementation of revocation	Huston: also challenged immediate start of revocation	State: not addressed given retroactivity issue	Court declined to reach other assignments as unnecessary after ordering resentencing

Key Cases Cited

State v. Frederick, 291 Neb. 243 (2015) (held revocation for first-offense driving during revocation was required under § 60-4,108 as then interpreted)
State v. Randolph, 186 Neb. 297 (1971) (when legislature mitigates punishment after offense but before final judgment, the ameliorative change applies unless legislature directs otherwise)
State v. Lantz, 290 Neb. 757 (2015) (application of legislative amendments to pending cases where judgment is not final)
State v. Duncan, 291 Neb. 1003 (2015) (distinguishing amendment that creates a new crime from mere penalty changes)
State v. Chacon, 296 Neb. 203 (2017) (retroactive relief under intervening ameliorative legislation)
Doty v. West Gate Bank, 292 Neb. 787 (2016) (appellate courts need not address issues unnecessary to disposition)