Nebraska Statutes 29-2305. Appeal; dismissed; conviction affirmed; procedure; defendant; credit for time incarcerated
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If the appeal in such case is dismissed or the conviction is affirmed on hearing, such judgment shall be executed by the court by which it was rendered on receipt of the mandate of the appellate court. A defendant who was not admitted to bail during the time the appeal was pending shall receive credit against the sentence for all of the time he or she was incarcerated while the appeal was pending.
Source
- G.S.1873, c. 58, §§ 506, 507, p. 834;
- R.S.1913, § 9176;
- C.S.1922, § 10183;
- C.S.1929, § 29-2305;
- R.S.1943, § 29-2305;
- Laws 1982, LB 722, § 6;
- Laws 1991, LB 732, § 77.
Terms Used In Nebraska Statutes 29-2305
- Affirmed: In the practice of the appellate courts, the decree or order is declared valid and will stand as rendered in the lower court.
- Appeal: A request made after a trial, asking another court (usually the court of appeals) to decide whether the trial was conducted properly. To make such a request is "to appeal" or "to take an appeal." One who appeals is called the appellant.
- Appellate: About appeals; an appellate court has the power to review the judgement of another lower court or tribunal.
- Bail: Security given for the release of a criminal defendant or witness from legal custody (usually in the form of money) to secure his/her appearance on the day and time appointed.
- Conviction: A judgement of guilt against a criminal defendant.
- Defendant: In a civil suit, the person complained against; in a criminal case, the person accused of the crime.