State v. Irish
298 Neb. 61
| Neb. | 2017Background
- In March 2015, Bryant L. Irish was convicted under Neb. Rev. Stat. § 60-6,198 for proximately causing serious bodily injury while driving under the influence (Class IIIA felony).
- At sentencing the court revoked Irish’s driver’s license for 10 years, placed him on 60 months’ probation, and orally stated he could apply for an ignition interlock permit after 45 days; the written judgment did not include the interlock eligibility language.
- Irish appealed his conviction on sufficiency grounds; the conviction was affirmed in January 2016.
- In August 2016 Irish moved for a nunc pro tunc order (to reflect the court’s oral statement) and later moved to modify or clarify his probation so the court would reduce the license revocation period or permit interlock eligibility; the district court denied relief.
- The district court held it lacked authority to alter the statutorily mandated license revocation imposed as part of the judgment; Irish appealed that denial to the Nebraska Supreme Court.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the sentencing court could modify the license revocation by altering probation conditions under § 29-2263(3) | Irish: § 29-2263(3) lets the court modify probation conditions, so the court could reduce revocation or allow interlock eligibility | State: § 60-6,198 mandates license revocation as part of the judgment, not a probation condition, so it is not modifiable via probation modification | Held: The revocation is a mandatory part of the judgment and not a probation condition; the court may not modify it through a probation-modification motion |
| Whether the district court had jurisdiction to consider Irish’s post‑sentencing challenge after failing to appeal within 30 days | Irish: The court should have authority to correct/clarify the sentence via nunc pro tunc or probation modification | State: Under Neb. Rev. Stat. § 25-1912, criminal defendants must perfect appeal within 30 days; the sentence is the judgment and Irish did not timely appeal | Held: The court lacked jurisdiction to entertain the untimely challenge; appeal dismissed |
Key Cases Cited
- State v. Hense, 276 Neb. 313 (Neb. 2008) (mandatory license revocation must be imposed as part of sentence, not discretionary)
- State v. Bainbridge, 249 Neb. 260 (Neb. 1996) (15-year revocation is part of punishment; board/agency reduction procedure violated separation of powers)
- Dugan v. State, 297 Neb. 444 (Neb. 2017) (in a criminal case, the judgment is the sentence)