State v. Knight
311 Neb. 485
| Neb. | 2022Background
- Knight was convicted of assault by a confined person (Class IIIA felony) and originally sentenced to 1 year imprisonment followed by 18 months post-release supervision (PRS).
- After serving the prison term, Knight violated PRS, admitted the violations, and the district court revoked PRS.
- The court resentenced Knight to 9 months in the Buffalo County Jail, credited 27 days already served, and expressly ordered that he did not qualify for future county-jail "good time."
- Knight appealed, arguing the denial of good-time credit violated Neb. Rev. Stat. § 47-502; the State agreed there was no statutory basis for a blanket denial of good time.
- The Nebraska Supreme Court concluded § 47-502 unambiguously entitles persons confined in county jail (including custodial sanctions after parole/probation/PRS revocation) to good-time reductions unless another statute provides otherwise.
- Result: the court 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 after revocation of post-release supervision | Knight: § 47-502 mandates good-time credit for anyone sentenced to or confined in county jail; court cannot deny it | State: No statutory authority supports a blanket denial of good time; (on appeal) agrees denial was improper | The court held the denial was contrary to law: § 47-502 applies and requires good-time reductions for county-jail confinement after PRS revocation; vacated that portion and remanded |
Key Cases Cited
- State v. Lobato, 259 Neb. 579, 611 N.W.2d 101 (2000) (rejected denial of county-jail good time in probation context)
- State v. Wills, 285 Neb. 260, 826 N.W.2d 581 (2013) (discussed good-time credit for time already spent in jail)
- Williams v. Hjorth, 230 Neb. 97, 430 N.W.2d 52 (1988) (§ 47-502 applies to county jail time awaiting sentencing)
- State v. Atkins, 250 Neb. 315, 549 N.W.2d 159 (1996) (interpreting earlier version of § 47-502)
- 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) (sentencing illegality doctrine)