State v. Huston
298 Neb. 323
| Neb. | 2017Background
- In July 2016, Brianna L. Huston pled guilty to first-offense driving during revocation; plea bargain contemplated 45 days’ jail and 6 months’ probation.
- At sentencing the county court revoked Huston’s driver’s license for 1 year, finding it was required by the court’s prior interpretation of Neb. Rev. Stat. § 60-4,108 in State v. Frederick.
- The district court affirmed the county court’s sentence on appeal. Huston then appealed to the Nebraska Supreme Court challenging the license revocation and its immediate start date.
- While Huston’s appeal was pending, the Legislature enacted L.B. 263 (effective Aug. 24, 2017), amending § 60-4,108 to permit the court discretion to order revocation for first-offense driving during revocation when the defendant is placed on probation.
- The Supreme Court held that L.B. 263 reduced the punishment and, under the Randolph line of cases, applies retroactively to sentences that are not yet final; it vacated Huston’s sentence and remanded for resentencing consistent with the amended statute.
Issues
| Issue | Huston’s Argument | State’s Argument | Held |
|---|---|---|---|
| Whether the 2017 amendment to § 60-4,108 applies retroactively to Huston’s not-yet-final sentence | Amendment mitigates punishment and must apply retroactively | Amendment should not alter sentence imposed under the law at time of sentencing | Amendment applies retroactively; sentence vacated and case remanded for resentencing |
| Whether the license revocation must begin immediately | Revocation start-date challenge (Huston) | Revocation must begin immediately as court ordered | Court did not decide this issue (unnecessary after vacatur/remand) |
Key Cases Cited
- State v. Frederick, 291 Neb. 243, 864 N.W.2d 681 (Neb. 2015) (interpreting § 60-4,108 to require mandatory 1-year revocation for first-offense driving during revocation)
- State v. Randolph, 186 Neb. 297, 183 N.W.2d 225 (Neb. 1971) (amendment mitigating punishment after commission but before final judgment applies retroactively unless Legislature provides otherwise)
- State v. Lantz, 290 Neb. 757, 861 N.W.2d 728 (Neb. 2015) (application of Randolph retroactivity principles)
- State v. Chacon, 296 Neb. 203, 894 N.W.2d 238 (Neb. 2017) (discussing availability of retroactive relief and plain error in sentencing)