STATE v. BRUMFIELD

No. 81-904.

324 N.W.2d 407 (1982)

212 Neb. 605

STATE of Nebraska, Appellee, v. William M. BRUMFIELD, Appellant.

Supreme Court of Nebraska.

September 24, 1982.


Attorney(s) appearing for the Case

Randal B. Brown, Lincoln, for appellant.

Paul L. Douglas, Atty. Gen., and Mel Kammerlohr, Asst. Atty. Gen., Lincoln, for appellee.

Heard before KRIVOSHA, C. J., and BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ.


CAPORALE, Justice.

This appeal challenges the right of a trial court which has imposed a fine, together with imprisonment up to the maximum period permissible, to peremptorily direct satisfaction of the fine by crediting pretrial custody time against it. We hold a trial court may not so do and remand this case for resentencing of the defendant.

During the late evening hours of May 16, 1981, defendant-appellant, William M. Brumfield, and others met the victim...

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