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STATE v. SEBERGER

No. S-98-931.

601 N.W.2d 229 (1999)

257 Neb. 747

STATE of Nebraska, appellant, v. Francis L. SEBERGER, appellee.

Supreme Court of Nebraska.

September 24, 1999.

Attorney(s) appearing for the Case

Don Stenberg, Attorney General, Lincoln, Michael L. Munch, Sarpy County Attorney, and Patricia J. Bramhall, Papillion, for appellant.

Thomas J. Garvey, Sarpy County Public Defender, Bellevue, and Gregory A. Pivovar, Omaha, for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

This case presents the question whether the State may appeal as excessively lenient the decision of a three-judge panel that sentenced Francis L. Seberger to life imprisonment rather than death. Seberger was convicted of first degree murder and was subsequently sentenced to life imprisonment. The State appeals pursuant to Neb.Rev.Stat. § 29-2320 (Reissue 1995), asserting that the sentence was excessively lenient and requesting that the matter be...

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