State v. Scott
Annotate this CaseDefendant appealed his convictions for second degree assault, use of a deadly weapon to commit a felony, and unlawful membership recruitment into an organization or association in violation of Neb. Reb. Stat. 28-1351. The Supreme Court (1) affirmed Defendant's convictions, holding that the district court did not err with respect to numerous evidentiary and other trial rulings and when it rejected Defendant's constitutional challenges to section 28-1351; but (2) vacated Defendant's sentences, holding that the sentencing court plainly erred in ordering the sentence for use of a deadly weapon to be served concurrently with the sentence for unlawful recruitment. Remanded for resentencing so that the sentence for use of a deadly weapon is ordered to run consecutively to the other sentences imposed.
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