Nebraska Supreme Court Online Library www.nebraska.gov/apps-courts-epub/ 03/10/2023 09:06 AM CST - 763 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. CASTILLO-RODRIGUEZ Cite as 313 Neb. 763 State of Nebraska, appellee, v. Celvin Ottoniel Castillo-Rodriguez, appellant. ___ N.W.2d ___ Filed March 10, 2023. No. S-22-464. 1. Sentences: Appeal and Error. Whether a defendant is entitled to credit for time served and in what amount are questions of law, subject to appellate review independent of the lower court. 2. Statutes: Appeal and Error. Statutory interpretation presents a ques- tion of law, which an appellate court reviews independently of the lower court. 3. Sentences: Records. Neb. Rev. Stat. § 47-503 (Reissue 2021) requires a sentencing court to separately determine, state, and grant credit for time served, and the court has no discretion to grant more or less credit than is established by the record. 4. Sentences. Neb. Rev. Stat. § 47-503 (Reissue 2021) is intended to ensure that defendants receive all the credit against their jail sentence to which they are entitled—no less, and no more. 5. Sentences: Records. When a trial court grants a defendant more or less credit for time served than the defendant actually served, that por- tion of the pronouncement of sentence is erroneous and may be cor- rected to reflect the accurate amount of credit as verified objectively by the record. 6. Habeas Corpus: Words and Phrases. A writ of habeas corpus ad prosequendum is a common-law writ issued by a court, ordering the immediate removal of a prisoner from incarceration so that he or she can be brought to another jurisdiction to stand trial on charges for crimes committed within that jurisdiction. 7. Habeas Corpus. In Nebraska, writs of habeas corpus ad prosequendum have been and continue to be a traditional way of securing the presence of a prisoner located in another jurisdiction. 8. Sentences: Records: Proof. Because jail credit is an absolute and objective number established by the record, the party advocating for - 764 - Nebraska Supreme Court Advance Sheets 313 Nebraska Reports STATE V. CASTILLO-RODRIGUEZ Cite as 313 Neb. 763 a specific jail credit calculation has the burden to provide the sentencing court with a record that establishes such calculation. Appeal from the District Court for Hall County: Patrick M. Lee, Judge. Affirmed. Mark Porto, of Wolf, McDermott, Depue, Sabott, Butz & Porto, L.L.C., for appellant. Douglas J. Peterson, Attorney General, and Austin N. Relph for appellee. Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ. Stacy, J. This criminal appeal challenges the sentencing court’s jail credit calculation under Neb. Rev. Stat. § 47-503 (Reissue 2021). We find no error in the jail credit calculation on this record and affirm. BACKGROUND Facts On October 25, 2021, Celvin Ottoniel Castillo-Rodriguez was charged in Hall County with four felony counts of third degree sexual assault of a child. He waived his right to a pre- liminary hearing in county court, and the case was bound over to district court, where an information …
Original document
Source: All recent Immigration Decisions In All the U.S. Courts of Appeals