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STATE v. HARKER

No. A-98-1353.

600 N.W.2d 488 (1999)

8 Neb. App. 663

STATE of Nebraska, appellee, v. Jeffrey A. HARKER, appellant.

Court of Appeals of Nebraska.

September 7, 1999.

Attorney(s) appearing for the Case

Thomas C. Riley, Douglas County Public Defender, and Peder C. Bartling, Lincoln, for appellant.

Martin J. Conboy III, Omaha City Prosecutor, James Jansen, Douglas County Attorney, and Jennifer Cavel, Special Assistant Omaha City Prosecutor, for appellee.

HANNON, SIEVERS, and CARLSON, Judges.

HANNON, Judge.

The appellant, Jeffrey A. Harker, pled no contest to an assault and battery charge under a city ordinance. Harker had been in jail for 66 days prior to sentencing, possibly for separate felony charges. At sentencing, Harker requested credit for the time served. The trial judge indicated he was under the impression that credit for time served need not be given if the sentence is less than the maximum sentence. The judge then sentenced Harker to 179 days...

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