A-19-0259, State v. Sieckmeyer
Lancaster County District Court, Judge Lori A. Maret
Attorney for Appellant: Joseph D. Nigro and Robert G. Hays (Lancaster County Public Defender’s Office)
Attorney for Appellee: Douglas J. Peterson (Attorney General) and Melissa R. Vincent (Assistant Attorney General)
Criminal Action: Driving Under the Influence (Third Offense)
Action Taken by Trial Court: In 2017, the State charged Shere L. Sieckmeyer with driving under the influence of alcohol. The State presented evidence during a jury trial that a purple van was observed driving down an alleyway behind a building and collided into a steel I-beam in an unfenced lot. The alleyway connects with Y Street (in Lincoln, Nebraska). Sieckmeyer was found passed out in the driver’s seat. A primary issue throughout trial was whether Sieckmeyer was operating a vehicle on private property not open to public access.
Sieckmeyer was found guilty as charged. Thereafter, her conviction was enhanced to a Class IIIA felony based on two prior convictions for driving under the influence. Sieckmeyer was sentenced to 2 years’ imprisonment followed by 18 months’ post-release supervision; also, her license was revoked for 15 years from the date of her release. That sentence was to run consecutive to her sentence imposed in a different case. Sieckmeyer appeals.
Assignments of Error: Sieckmeyer claims (1) there was insufficient evidence to sustain her conviction, (2) the trial court erred in refusing her proposed jury instruction containing definitions for “private road or driveway” and “not open to the public,” and (3) the trial court imposed an excessive sentence.