S-25-0054 State of Nebraska (Appellee) v. Melvin L. Jackson (Appellant)
Appeal from the District Court for Lancaster County, Judge Jodi L. Nelson
Attorneys: Melvin L. Jackson (Self-represented Appellant) and Jacob M. Waggoner (Asst. Attorney General for Appellee)
Criminal: Post-release supervision and motion for discharge
Proceedings Below: Appellant was sentenced to one year of incarceration and eighteen (18) months of post-release supervision. After serving the one year of incarceration, Appellant served another term of incarceration on a different docket, and he sought an order from the district court that would have terminated the eighteen months of post-release supervision as being completed during his subsequent term of incarceration. The district court denied this request. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The lower district court committed plain error and abused its discretion when it overruled Appellant’s motion to terminate the court imposed post-release supervision, notwithstanding Appellant’s completion of the multiple sentences imposed, and a separate sentence imposition out of another county commence to be served by Appellant; 2) The lower district court’s determination that Appellant still had to serve or participate in the imposed post-release supervision after the separately imposed sentence out of another county and jurisdiction commits plain error and a judicial abuse of discretion; 3) It is well-settled law in Nebraska that once a sentence commence to run, it cannot be interrupted, stopped, or adjudged to be served installments. This was the lower district court’s expectation from Appellant; and 4) The lower district court’s determination that Appellant serve or partake in the post-release supervision given the circumstances involving the court-imposed sentence out of Saline County, Nebraska is error reversible and an abuse of discretion.