State v. St. Cyr, 916 N.W.2d 753

Defendant Luke A. St. Cyr pled guilty to one count of first degree assault (Class II felony) for a brutal bar attack that left the victim with severe brain and other injuries; plea accepted pursuant to agreement.
District court sentenced St. Cyr to 40–50 years’ imprisonment (within statutory range) and ordered $100,000 in restitution based on medical bills.
Presentence report detailed St. Cyr’s age (32), education, substance abuse history, traumatic upbringing, prior convictions, and a high recidivism risk.
Victim suffered life‑threatening injuries, lengthy hospitalization, ongoing impairments, and substantial medical bills; victim’s brother testified at sentencing.
At sentencing the court acknowledged St. Cyr likely could not pay restitution but failed to specify timing, installments, or meaningfully assess ability to pay as required by statute.
St. Cyr appealed claiming (1) excessive sentence (length and restitution) and (2) ineffective assistance of trial counsel for failing to present additional mitigating evidence or request further evaluations.

Issue	Plaintiff's Argument (State)	Defendant's Argument (St. Cyr)	Held
Excessive incarceration length	Sentence within statutory limits and supported by nature of offense and victim harm	Sentence is excessive given mitigating background, acceptance of guilt, and rehabilitative needs	Affirmed — no abuse of discretion in 40–50 year term
Restitution amount & procedure	Restitution reflects actual medical bills; State noted no objection at sentencing	Court ordered $100,000 without meaningful inquiry into defendant’s ability to pay or payment plan	Restitution vacated for plain error; remanded for proceedings consistent with statutory factors
Ineffective assistance — failure to present mitigating evidence / request evaluations	No specific claim that counsel prevented relevant information; court considered presentence report	Counsel was deficient for not seeking letters/evaluations which might have reduced sentence	Rejected — record shows mitigating information was in presentence report; no prejudice shown
Whether ineffective assistance claim can be resolved on direct appeal	N/A	Claim is proper only if record conclusively shows deficiency and prejudice	Resolved on direct appeal: no deficient performance or prejudice shown

State v. Dyer, 298 Neb. 82, 902 N.W.2d 687 (appellate standard for review of sentence)
State v. Loding, 296 Neb. 670, 895 N.W.2d 669 (standards for resolving ineffective assistance claims on direct appeal)
State v. Stone, 298 Neb. 53, 902 N.W.2d 197 (factors sentencing court should consider when reviewing alleged excessive sentence)
State v. Ramirez, 285 Neb. 203, 825 N.W.2d 801 (restitution authority and obligation to determine victim’s actual damages)
State v. Holecek, 260 Neb. 976, 621 N.W.2d 100 (restitution requires evidentiary support and consideration of defendant’s ability to pay)
Strickland v. Washington, 466 U.S. 668 (standard for ineffective assistance of counsel)
State v. Mick, 19 Neb. App. 521, 808 N.W.2d 663 (vacatur and remand where court failed to meaningfully consider statutory restitution factors)