S-24-0738 State of Nebraska (Appellee) v. Melissa S. Bret (Appellant)
Appeal from the District Court for Douglas County, Judge Katie L. Benson
Attorneys: Thomas C. Riley and Alexander D. Sycher (Douglas County Public Defender’s Office for Appellant) and Jacob M. Waggoner (Asst. Attorney General for Appellee)
Criminal: Third-offense theft by shoplifting of $500 or less
Proceedings Below:Appellant was found guilty of theft by shoplifting of $500 or less. The district court enhanced that conviction to third offense shoplifting of $500 or less and sentenced her to one year in prison. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issue: Appellant assigns the following error: The district court erred by enhancing Appellant’s conviction of theft by shoplifting, $500 or less, to a third offense because the State provided insufficient evidence of Appellant’s prior shoplifting convictions at the sentencing hearing.