Kube Denies Request To Amend Sentence

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Posted: Saturday, August 11, 2018 8:00 am

The Honorable James Kube denied a motion for sentence modification filed by Donald R. Smith, 30, currently incarcerated in the Woodbury County, Iowa, jail.

Smith was convicted of attempted burglary, a Class 3A felony, related to a May 19 burglary at a cabin in Hide-Away Acres near Crofton. Kube subsequently sentenced Smith to a determinate term of three years in an institution under the jurisdiction of the Nebraska Department of Corrections, to be served consecutive to any sentence he was serving at the time. He was also sentenced to 12 months of post-release supervision under the jurisdiction of the office of probation administration, ordered to pay $213.50 costs of prosecution, and was given credit for 11 days previously served. 

Smith filed a hand-written motion, stating in part, “Defendant is asking Nebraska case...sentence be modified to run concurrent with Iowa sentence since defendant is not able to return to Nebraska until the 15 yrs. defendant receives (sic) in Iowa is done or defendant is paroled.”

He claims that it was the understanding of the Woodbury County attorney, public defender’s office and himself that he would be taken to the Diagnostic and Evaluation Center in Lincoln following sentencing in Knox County. He was returned to Woodbury County Jail, which he wrote, “made the plea-agreement for defendant in Iowa null and void since the time given in Iowa could not run ‘current’ with Nebraska sentence since defendant was not taken to D and E.”

Kube ruled the court is without jurisdiction to make any ruling to amend the sentence.

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