State v. Wellon
A-17-283, A-17-284
| Neb. Ct. App. | Nov 21, 2017Background
- Darryl T. Wellon pleaded no contest in two consolidated Nebraska cases: possession of a deadly weapon by a prohibited person (post-LB 605) and manslaughter (pre-LB 605).
- The weapon-possession offense arose from an October 13, 2015 controlled-buy/search that uncovered a loaded .22 in a vehicle; Wellon was a convicted felon.
- The manslaughter charge stemmed from the February 24, 2015 shooting death of Elston McArthur; factual basis included witness statements, ballistics, and alleged disposal of a revolver.
- At sentencing (Feb. 14, 2017) the court imposed consecutive terms: 45–50 years (weapon-possession) with 491 days' credit, and 19–20 years (manslaughter) with 397 days' credit. Both sentences fell within statutory ranges.
- Wellon appealed as to excessiveness; the State raised no-excessive-sentence argument but noted plain error in double-counting presentence jail credit.
Issues
| Issue | Plaintiff's Argument (Wellon) | Defendant's Argument (State) | Held |
|---|---|---|---|
| Whether the sentences were excessive | Sentences are excessive; court effectively "made up" for a reduced manslaughter outcome by imposing an excessive 45–50 year term on the weapon-possession count | Sentences are within statutory limits and appropriate given seriousness, criminal history, and public safety concerns | Sentences not excessive or an abuse of discretion; affirmed |
| Whether presentence custody credit was applied correctly | Implicitly accepted the credits the court awarded | Court erred by awarding credit twice; presentence credit applies only once to consecutive sentences | Modified: 491 days' credit applies only to the first (weapon-possession) sentence; 397-day credit stricken from manslaughter sentence |
Key Cases Cited
- State v. Abejide, 293 Neb. 687 (discusses appellate review of sentences within statutory limits)
- State v. Dixon, 286 Neb. 334 (lists factors sentencing courts should consider)
- State v. Williams, 282 Neb. 182 (holds presentence credit for consecutive sentences is applied only once)
- State v. Banes, 268 Neb. 805 (same rule on presentence credit application)