State v. Knight, 973 N.W.2d 356

Joshua J. Knight was convicted of assault by a confined person (Class IIIA felony) and sentenced to 1 year imprisonment followed by 18 months of post-release supervision (PRS).
After completing the prison term, Knight was released on PRS and later admitted violations; the district court revoked PRS and resentenced him to 9 months in the Buffalo County Jail with 27 days credit for time served.
The sentencing order expressly stated Knight did not qualify for “good time” credit and the judge explained the denial by reference to the fact the sentence followed revocation of PRS.
Knight appealed the denial of good time credit under Neb. Rev. Stat. § 47-502; the State conceded it had no statutory authority to deny such credit.
The Nebraska Supreme Court agreed that § 47-502 applied to county-jail confinement after PRS revocation, vacated the portion of the sentence denying good time, and remanded with directions while affirming the remainder.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether a sentencing court may deny county-jail "good time" credit under § 47-502 when resentencing to county jail after revocation of post-release supervision	Knight: § 47-502 mandates that any person sentenced to or confined in a county jail shall be eligible for good time; the court erred by denying it	State: Conceded there is no statutory authority to deny county-jail good time following revocation; requested modification/strike of the denial and affirmance otherwise	The court held § 47-502 unambiguously entitles an offender resentenced to county jail after PRS revocation to good time; the denial was contrary to law, so that portion of the sentence was vacated and the case remanded for entry of a lawful sentence

State v. Taylor, 310 Neb. 376, 966 N.W.2d 510 (Neb. 2021) (statute requires court to advise offender assuming no good time is lost when resentencing after PRS revocation)
State v. Lobato, 259 Neb. 579, 611 N.W.2d 101 (Neb. 2000) (§ 47-502 good-time credit cannot be denied in probation context)
Williams v. Hjorth, 230 Neb. 97, 430 N.W.2d 52 (Neb. 1988) (§ 47-502 applies to county-jail time awaiting sentencing)
State v. Hofmann, 310 Neb. 609, 967 N.W.2d 435 (Neb. 2021) (statutory use of “include” is construed as non-exhaustive)
State v. Kantaras, 294 Neb. 960, 885 N.W.2d 558 (Neb. 2016) (principles of statutory interpretation; plain meaning controls)
Dolen v. State, 148 Neb. 317, 27 N.W.2d 264 (Neb. 1947) (abuse of discretion occurs when judicial discretion is exercised contrary to law)