McCORMACK, J.
Neb.Rev.Stat. § 60-6,197.06 (Reissue 2010) states that when a defendant has been found guilty of operating a motor vehicle while his or her operator's license has been revoked, the court shall, as part of the judgment of conviction, revoke the operator's license "for a period of fifteen years from the date ordered by the court." Section 60-6,197.06 provides further that "[s]uch revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked." The defendant asserts that under the plain language of § 60-6,197.06, the court cannot order commencement of the 15-year revocation for any date other than the date of sentencing, the date of final judgment upon appeal or review, or the date any probation is revoked. According to the defendant, a court cannot order a 15-year license revocation to be consecutive to the unexpired period of revocation under which the defendant committed the offense of driving with a revoked license. We disagree.
In 2003, Joe J. Policky was convicted of driving under the influence, third offense. He was sentenced to a 15-year license revocation, which began on August 29, 2003, and is to continue until August 29, 2018. On August 25, 2011, Policky was found operating a motor vehicle. This led to the current charge and conviction of driving during revocation, first offense. Policky pleaded no contest, and pursuant to § 60-6,197.06, the court ordered that Policky's license be revoked for 15 years consecutive to the revocation that is due to come to an end in August 2018. Policky appeals the sentence.
Policky assigns that the trial court erred in ordering that the 15-year license revocation sentence be consecutive to the 15-year license revocation previously imposed against him.
The issue raised by Policky's assignment of error presents a question of law, in connection with which an appellate court has an obligation to reach independent conclusions irrespective of the decision made by the court below.
An appellate court will not disturb a sentence imposed within the statutory limits absent an abuse of discretion by the trial court.
A sentence to a 15-year period of license revocation is mandatory for all persons who commit the offense of driving while their licenses are revoked.
Section 60-6,197.06 states in relevant part:
Policky focuses both on the phrase "from the date ordered by the court" and on the last sentence stating that the revocation "shall be administered upon sentencing." According to Policky, this last sentence limits "the date ordered by the court" to either the date of the sentencing order, the date of the final judgment after appeal of that order, or the date that any probation is revoked.
This court and the Nebraska Court of Appeals have several times addressed the phrase "from the date ordered by the court" and concluded it plainly means the revocation period shall commence from whatever date the court, in its sound discretion, indicates in the sentencing order.
In State v. Fuller,
Other courts have similarly noted that motorists whose operators' licenses have "been suspended in one matter and revoked in another" are not generally considered entitled to serve the penalties concurrently.
We have never directly addressed an argument that the last sentence of § 60-6,197.06 — that "[s]uch revocation and order shall be administered upon sentencing, upon final judgment of any appeal or review, or upon the date that any probation is revoked" — constrains the trial court's discretion to order when the mandatory 15-year license revocation period shall begin. But we observe that this "shall be administered" sentence was part of the relevant statutes when our courts determined that the period of revocation need not necessarily begin the same date as the sentencing order and may instead commence upon whatever date the court, in its sound discretion, directs.
In Fuller, we implicitly rejected Policky's argument by affirming a revocation period ordered to commence when the defendant was released from prison.
To the extent that the "shall be administered" sentence of § 60-6,197.06 could be read as ambiguous or in conflict with the rest of the statute, it must be construed in harmony with the entire statute and its intent.
The last sentence of § 60-6,197.06 immediately follows the phrase, "the court shall ... revoke ... for a period ... from the date ordered by the court," and refers directly back to "[s]uch revocation and order...." We expressly conclude now what we implicitly concluded in Fuller: this last sentence of § 60-6,197.06 was not intended to limit the trial court's discretion in crafting "[s]uch revocation and order...."
Our interpretation is consistent with sound public policy and the trial court's general discretion to order sentences consecutively or concurrently. Furthermore, the Legislature has not amended § 60-6,197.06 since our decision in Fuller. When judicial interpretation of a statute has not evoked a legislative amendment, it is presumed that the Legislature has acquiesced in the court's interpretation.
Policky believes § 60-6,197.06 mandates that the trial court sentence him to a 15-year license revocation running concurrently with the 15-year license revocation
For the foregoing reasons, we affirm the lower court's judgment.
AFFIRMED.