State v. McCain
29 Neb. Ct. App. 981
| Neb. Ct. App. | 2021Background
- Devontay S. McCain pleaded guilty to: (1) possession with intent to distribute marijuana (Class IIA felony), (2) prohibited acts (Class IV felony), and (3) possession of marijuana over 1 ounce (Class III misdemeanor) on condition he enter drug court.
- Drug court participation deferred sentencing; successful completion would allow withdrawal of pleas. McCain repeatedly violated program rules and served multiple short jail sanctions while in the program.
- McCain voluntarily withdrew from drug court before completion; a presentence investigation (PSR) showed few prior convictions, psychological issues, and a high risk to reoffend.
- At sentencing the district court imposed concurrent probation terms (4 years on counts I and II; 2 years on count III), a 90-day jail term on count I, and awarded 48 days’ credit for the drug-court jail sanctions. The State objected.
- The State appealed, arguing the sentences were excessively lenient and that credit for drug-court jail sanctions was improper.
Issues
| Issue | Plaintiff's Argument (State) | Defendant's Argument (McCain) | Held |
|---|---|---|---|
| Whether the imposed sentences were excessively lenient | Probation on two felonies and a misdemeanor after failing drug court, plus PSR showing high risk to reoffend, shows the court abused discretion and sentenced too leniently | Court had discretion; McCain is young, has limited prior record, mental-health/rehab needs, and probation is appropriate with revocation available if he fails | No abuse of discretion; sentences are within statutory limits and supported by factual basis (affirmed) |
| Whether McCain was entitled to credit for jail time served as drug-court sanctions | Jail sanctions for violating voluntary program rules are separate from the underlying charge and therefore not creditable under §47-503 | Sentencing was deferred during drug-court participation, so jail time occurred pending sentencing and is creditable under §47-503 | Time in jail while enrolled in drug court counted as time pending sentencing; credit for 48 days was appropriate (affirmed) |
Key Cases Cited
- State v. Felix, 26 Neb. App. 53, 916 N.W.2d 604 (Neb. App. 2018) (standard for reviewing sentences within statutory limits and sentencing discretion principles)
- State v. Galvan, 305 Neb. 513, 941 N.W.2d 183 (Neb. 2020) (questions of entitlement and amount of credit for time served are legal issues reviewed independently)
- State v. Hutton, 218 Neb. 420, 355 N.W.2d 518 (Neb. 1984) (distinguishes voluntary treatment-facility stays from jail-time credit issues)
- State v. Workman, 22 Neb. App. 223, 857 N.W.2d 349 (Neb. App. 2014) (describing drug court as postplea/postadjudicatory intensive supervision treatment program)
- State v. Shambley, 281 Neb. 317, 795 N.W.2d 884 (Neb. 2011) (explaining drug-court plea structure and consequences of termination)