CONNOLLY, J.
In 2005, Jonathan S. Becker pleaded guilty to one count of motor vehicle homicide. The court sentenced him to 5 years of probation, which included a requirement that Becker participate in a "work ethic camp." The court also revoked his driver's license for 5 years as a condition of probation. Becker later violated his probation, and the court revoked it. The court then sentenced Becker to 5 years in prison. At the same time, the court again
In 2004, Becker, while intoxicated, crashed his vehicle into a concrete sign. His passenger died from injuries caused by the accident. The State charged Becker with one count of motor vehicle homicide.
Although Becker successfully completed his 125-day term at the work ethic camp, he eventually violated his probation by testing positive for alcohol, missing drug-testing dates, skipping Alcoholics Anonymous meetings, and failing to attend mental health counseling. Becker admitted to violating his probation.
After Becker had admitted his probation violation, the court sentenced Becker to 5 years in prison. The court gave Becker credit for 128 days he had served in jail, but did not give him credit for the 125 days served in the work ethic camp. The court also revoked Becker's driver's license for 15 years. The court gave no credit for the revocation that was a part of Becker's probation.
Becker assigns that the court erred in:
(1) refusing to grant Becker credit for the 125 days he spent at the work ethic camp; and
(2) refusing to give Becker credit for the 5 years that his license was previously suspended.
Statutory interpretation is a question of law that we resolve independently of the court below.
Becker first argues that the court erred when it did not give him credit for the 125 days he spent at the work ethic camp. The State agrees and concedes that the court erred. We agree.
When construing a statute, we look to give effect to the legislative intent of the enactment.
Neb.Rev.Stat. § 83-1,106(1) (Reissue 2008) states that "[c]redit against the
Moreover, the Legislature has explicitly stated that inmates are to get credit for time they spend in work camps. Neb.Rev. Stat. § 83-4,145 (Reissue 1999), which authorizes a court to sentence one who has failed to complete a work camp program to any sentence the court could have initially imposed, states that "[c]redit shall be given for time actually served in the incarceration work camp program."
The court erred in not awarding Becker credit for the time he spent at the work ethic camp. The court should have allowed Becker credit for the 125 days he served at the camp.
Becker next argues that the court erred in revoking his license for an additional 15 years without granting him credit for the 5 years that his license was revoked as part of his probation. Becker argues that if the court does not give him credit for these 5 years, the total length of his revocation will be 20 years, which exceeds the statutory limit.
Neb.Rev.Stat. § 29-2268(1) (Reissue 2008) states that if a court finds that a probationer violated a condition of his probation, the court "may revoke the probation and impose on the offender such new sentence as might have been imposed originally for the crime of which he was convicted."
While § 28-306 requires a license revocation regardless of whether the defendant is sentenced to probation or incarceration, the court may, in some cases, also do so as a condition of probation for a period of 5 years.
Becker argues that the court should have given him credit for his previous license revocation. But we note that the statute allowing a court to revoke probation and impose a new sentence, § 29-2268, makes no provision for awarding credit. Further, Becker has not directed us to any other statute that would award credit and we have not found one either. Apparently, unlike for time served in custody,
Summing up, the court imposed Becker's license revocation as a condition of his probation. When Becker violated his probation, the court was free to revoke that probation and impose any sentence it could have initially imposed. This includes the 15-year license revocation under § 28-306.
The court should have given Becker credit for the time he spent at the work ethic camp. But he is not entitled to credit for his license revocation. We vacate the sentence and remand the cause for resentencing.
SENTENCE VACATED, AND CAUSE REMANDED FOR RESENTENCING.