State v. Davis

Summary

The Nebraska Supreme Court held that Davis’s original 20‑to‑20‑year arson sentence was not void because the statute supplies a valid minimum term, so the district court lacked authority to grant post‑conviction relief and impose a new sentence. The Court also clarified that when a sentencing court fails to state a valid minimum term under § 29‑2204(1)(a), the minimum defaults to the statutory minimum under § 29‑2204(1)(b). Accordingly, the new sentence was vacated and the appeal dismissed.