State v. McCain, 29 Neb. Ct. App. 981

McCain (age 18 at offense, 19 at sentencing) pled guilty to: possession with intent to distribute marijuana (Class IIA), prohibited acts (Class IV), and possession of marijuana over 1 oz but under 1 lb (Class III misdemeanor), conditioned on participation in drug court.
While in drug court his numerous violations produced multiple short jail sanctions (totaling 48 days); he voluntarily withdrew from the program before completion and waived a formal termination hearing.
A presentence investigation showed limited prior record (a speeding ticket), subsequent nonviolent offenses while in drug court, high risk to reoffend, and mental‑health/substance‑use diagnoses; counseling was recommended and in progress.
At sentencing the district court imposed concurrent probation (4 years on felonies; 2 years on misdemeanor) and a 90‑day jail term on count I, and credited McCain with 48 days for the drug‑court sanctions; the State objected.
The State appealed, arguing the sentences were excessively lenient and that credit for drug‑court jail sanctions was improper.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether sentences were excessively lenient	Sentences (probation + 90 days) are too lenient given repeated drug‑court violations, high risk to reoffend, and need to protect public/deter	Court reasonably considered youth, mental‑health treatment, living/employment stability, and probation allows future incarceration if violated	No abuse of discretion; sentences within statutory limits and supported by record
Whether defendant is entitled to credit for jail time served as drug‑court sanctions	Sanctions were for separate conduct (program violations) and not the underlying charges, so § 47‑503 credit is inapplicable	Sentencing was deferred during drug court; sanctions were jail time served pending sentencing and therefore related to the underlying charges	Credit for 48 days was proper: time in jail during drug court was pending sentencing and resulted from the underlying offenses

State v. Felix, 26 Neb. App. 53 (Neb. Ct. App. 2018) (standard for reviewing sentences within statutory limits)
State v. Galvan, 305 Neb. 513 (Neb. 2020) (entitlement to credit for time served is a question of law reviewed de novo)
State v. Workman, 22 Neb. App. 223 (Neb. Ct. App. 2014) (describing drug court as postplea intensive supervision/treatment)
State v. Shambley, 281 Neb. 317 (Neb. 2011) (drug court procedural framework and consequences)
State v. Hutton, 218 Neb. 420 (Neb. 1984) (distinguishing voluntary treatment facility time from jail credit)