Jefferson County, District Court Judge David J.A. Bargen.
Attorney for Appellant: Dustin A. Garrison
Attorney for Appellee: Teryn Blessin (Nebraska Attorney General’s Office)
Criminal Action: DUI, Motion to Extend Brief Deadline
Action Taken by Trial Court:
Appellant was tried and convicted in the county court for DUI, first offense. After appealing to the district court, Appellant requested and received three extensions to file his initial appellate brief. Prior to the last deadline, Appellant filed a motion requesting another extension of time. Without the court ruling on the motion, Appellant bypassed the deadline and submitted his brief several days later. Subsequently, the court overruled Appellant’s motion and dismissed the appeal for lack of a timely filed brief.
Assignments of Error on Appeal:
Appellant assigns the district court erred by dismissing his appeal because of an untimely filed brief.