State v. Gaston

In State v. Gaston, 191 Neb. 121, 214 N.W.2d 376 (1974) the Nebraska Supreme Court held that when a defendant is found guilty of a substantive crime as well as being a habitual criminal, and is improperly sentenced by receiving a sentence for each, both sentences must be set aside and the matter remanded to the trial court for proper sentencing. The court said, "On direct appeal this court has the power to remand a cause for a lawful sentence where the one pronounced was void as being beyond the power of the trial court to pronounce and where the accused himself invoked appellate jurisdiction for the correction of errors." Id. at 123, 214 N.W.2d at 377.