State v. Knight
311 Neb. 485
| Neb. | 2022Background
- Joshua J. Knight was convicted of assault by a confined person (Class IIIA felony) and originally sentenced to 1 year imprisonment followed by 18 months of post-release supervision (PRS).
- After release on PRS, the State moved to revoke; Knight admitted the violations and the district court revoked PRS and resentenced him to 9 months in the Buffalo County Jail.
- The court credited Knight with 27 days already served but expressly found he did not qualify for future county-jail “good time” credit.
- Knight appealed, arguing the court lacked authority to deny good time under Neb. Rev. Stat. § 47-502; the State agreed there was no statutory basis to deny good time.
- The Nebraska Supreme Court concluded § 47-502 unambiguously entitles persons sentenced to or confined in county jail to good time, vacated the portion of the sentence denying good time, and remanded with directions; the remainder of the sentence was affirmed.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a sentencing court may deny county-jail good time when resentencing an offender to county jail after revocation of post-release supervision | Knight: § 47-502 applies because the court ordered confinement in county jail, so he must be eligible for good time | State: conceded no statutory authority to deny county-jail good time; asked court to modify order to strike denial | Court: § 47-502 unambiguously requires good time eligibility for county-jail confinement after PRS revocation; denial was contrary to law, vacated and remanded with directions |
Key Cases Cited
- State v. Lobato, 259 Neb. 579, 611 N.W.2d 101 (2000) (rejected denial of county-jail good time in probation-related confinement)
- Williams v. Hjorth, 230 Neb. 97, 430 N.W.2d 52 (1988) (applied § 47-502 to time spent in county jail awaiting sentencing)
- State v. Atkins, 250 Neb. 315, 549 N.W.2d 159 (1996) (interpreting prior version of county-jail good time statute)
- State v. Kantaras, 294 Neb. 960, 885 N.W.2d 558 (2016) (statutory interpretation principles)
- Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (1947) (appellate power to remand for imposition of lawful sentence)