State v. Jones, 19 N.W.3d 499

Keloni Jones was charged with second degree murder and use of a firearm; she pled no contest to reduced charges of manslaughter (Class IIA felony) and possession of a deadly weapon during a felony (Class II felony) via a plea bargain.
The district court at first orally sentenced Jones to 20 to 20 years for both felonies, with the sentences to be served consecutively, but realized later the manslaughter sentence had an invalid minimum term under Nebraska law.
The sentencing judge, before entering the written order and before the appeal deadline, recalled the parties and modified the manslaughter sentence to 19 years, 364 days to 20 years, correcting the minimum term.
Jones appealed directly to the Supreme Court, arguing that the trial court erred in modifying her sentence, improperly invoked the doctrine of inadvertent mispronouncement, and imposed excessive sentences.
The original sentencing error dealt exclusively with the structure of indeterminate sentences in Nebraska; the modified sentences remained within statutory maximums.
The Supreme Court reviewed the appeal independently, focusing on whether the lower court’s modification was permissible and if the sentences were excessive.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Modification of sentence post-pronouncement	Jones: Court cannot modify a validly imposed sentence	State: Sentence was invalid, so modification was proper	Trial court can correct an invalid sentence while it retains jurisdiction, as here.
Application of inadvertent mispronouncement	Jones: Doctrine does not apply because she had left courtroom	State: Argues correction was permissible	Doctrine not applicable, but correction allowed due to original sentence’s invalidity.
Excessiveness of sentences	Jones: Sentences are excessive and unjust, probation warranted	State: Sentences within statutory limits, justified	No abuse of discretion; sentencing judge considered all factors, sentences affirmed.
Applicability of State v. Davis	Jones: Davis requires sentence to default to statutory minimum	State: Davis is factually distinct, doesn't apply here	Davis limited to rare, specific postconviction setting; not applicable in this direct appeal context.

State v. Geller, 318 Neb. 441 (2025) (explains modification and correction of sentences)
State v. Davis, 317 Neb. 59 (2024) (limited to rare, unique postconviction circumstances over sentencing errors)
State v. Lessley, 301 Neb. 734 (2018) (permits correction of invalid sentences during court’s jurisdiction)
State v. Shelby, 194 Neb. 445 (1975) (trial courts may correct invalid sentences before losing jurisdiction)
State v. Schnabel, 260 Neb. 618 (2000) (default minimum sentences by operation of law when court fails to set minimum)