A 29-year-old Gering man currently serving an 8 to 10 year prison sentence on convictions of Meth Possession and Meth Distribution has had his Possession sentence vacated and remanded back to District Court for re-sentencing.
Richard Dunham appealed his case to the Nebraska Court of Appeals, citing that Scotts Bluff County District Court abused its discretion and imposed an excessive sentence.
Dunham received 2 years for his first conviction of Meth Possession, and in a separate case, received 8 to 10 years for his Meth Distribution conviction. Those two sentences were ordered to run concurrent to each other.
This week, the court ruled that while the sentence was not excessive, Scotts Bluff County erred by sentencing him to 2 years in prison for the Meth Possession conviction- which is a determinate sentence, rather than sentencing Durham to an indeterminate sentence.
The matter will now go back to Scotts Bluff County Court for re-sentencing, where he faces 0 to 2 years in prison… plus up to 9 months of post-release supervision.