Sentencing Court Is Not Bound by Prosecutors Recommendations
"A sentence imposed within statutory limits will not be disturbed on appeal absent an abuse of discretion. An abuse of discretion occurs when the sentencing court's reasons or rulings are clearly untenable and unfairly deprive a litigant of a substantial right and a just result." State v. Wells, 257 Neb. 332, 336, 598 N.W.2d 30, 34-35 (1999).
A sentencing court is not bound by the sentencing recommendations of the prosecutor. "The reason is obvious for to so hold would be to transfer the function of the court to the prosecutor." State v. Griger, 190 Neb. 405, 408, 208 N.W.2d 672, 674 (1973).