State v. Nelson, 318 Neb. 484

Katrell M. Nelson was charged in two separate criminal cases with possession of a deadly weapon by a prohibited person, each arising from two unrelated traffic stops.
He was held in custody for a total of 241 days before sentencing: 9 days solely on the first case, and 232 days on both cases.
Nelson pled no contest in both cases, receiving identical concurrent prison terms of 6 to 10 years each, with the sentences ordered to run at the same time.
The sentencing court awarded all 241 days of jail credit to the first case, and none to the second concurrent sentence.
Nelson appealed, arguing the district court erred in denying jail credit on the second sentence, asserting it would result in an unjust longer period of incarceration.
The Nebraska Supreme Court modified the sentencing order to clarify proper application of jail credit, aligning the court’s record with the statutory and case law principles.

Issue	Nelson's Argument	State's Argument	Held
Must jail credit be applied to both concurrent sentences or just once?	Jail credit should be given to both sentences to prevent excess time in custody on the second sentence.	Jail credit applied once to one concurrent sentence effectively applies credit to both.	Jail credit is applied only once, to the aggregate of all concurrent terms.
Can DCS (Department of Corrections) interpret jail credit if the court order is silent?	The department must follow the language in the sentencing orders; ambiguity leaves credit unapplied.	Even if credit is mentioned in only one order, it is effectively applied to both due to concurrent terms.	DCS must follow court orders; court must state credit against the aggregate of sentences.
Does the statute require different treatment for equal-length concurrent sentences?	Different approach needed when sentences are identical to ensure fairness.	Principles for crediting apply uniformly regardless of sentence length.	Aggregation principles apply: jail credit is to be granted just once.
Should the modified order specify credit is for the aggregate terms?	Yes, to ensure credit is actually and clearly applied.	No formal need; but clarity is useful.	Sentencing order modified to expressly state credit applies to aggregate.

State v. Banes, 268 Neb. 805 (Neb. 2004) (Presentence jail credit for concurrent sentences is applied once, effectively crediting all sentences.)
State v. Wills, 285 Neb. 260 (Neb. 2013) (Periods of pretrial custody for concurrent sentences are credited against the longest sentence.)
State v. Sanchez, 2 Neb. App. 1008 (Neb. Ct. App. 1994) (Credit for presentence incarceration is properly granted only against the aggregate of all terms; no double credit.)
State v. Wines, 308 Neb. 468 (Neb. 2021) (Reaffirms rule that when concurrent sentences are imposed, credit is applied once, in effect, to all concurrent terms.)