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State v. Petersen12/7/2004
perator's license revoked, completes the revocation period, and proceeds to operate a motor vehicle prior to being issued a new license. In such a circumstance, the penalty imposed at sentencing is significantly more lenient if the person secures his or her operator's license before the person is sentenced.
Petersen, on the other hand, operated a motor vehicle while his revocation period was still in effect. Accordingly, § 60-4,108(1) and its more stringent penalty provisions are applicable.
In addition, we find that under § 60-4,108(1), Petersen's sentence was not excessive. A violation of § 60-4,108(1) is a Class II misdemeanor. The range of penalties for a Class II misdemeanor is 0 to 6 months' imprisonment, up to a $1,000 fine, or both. Neb. Rev. Stat. § 28-106 (Cum. Supp. 2002). Section 60-4,108(1) additionally requires a court to revoke the convicted person's operator's license for 1 year and further order the convicted person to refrain from operating any motor vehicle for any purpose for 1 year. Because Petersen's sentence falls within the statutory limits of these applicable statutes and Petersen does not argue that the county court otherwise abused its discretion, we affirm the sentence imposed.
V. CONCLUSION
For the reasons stated above, we find that the county court's sentence for Petersen's conviction for operating a motor vehicle during a period of revocation is not excessive. Accordingly, we affirm the order of the district court affirming the sentence imposed by the county court.
Affirmed.
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