S-23-0521 State of Nebraska (Appellee) v. James M. Briggs (Appellant)
Appeal from the District Court for Lancaster County, Judge Kevin R. McManaman
Attorneys: F. Matthew Aerni (Aerni Law, LLC for Appellant) and Jacob M. Waggoner (Asst. Attorney General for Appellee)
Criminal: Second-Degree Assault
Proceedings Below: Appellant was convicted of two counts of second-degree assault, and after the district court determined him to be a habitual criminal, he was sentenced to two, consecutive terms of ten (10) to twelve (12) years 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.
Issues: Appellant makes the following assignments of error: 1) The trial court erred in overruling Appellant’s Motion for a Directed Verdict; a) Appellee failed to adduce any evidence concerning an essential element of the charged offense(s); b) Double Jeopardy requires the Amended Information be dismissed; 2) The trial court erred in giving jury instruction IV; a) Instruction IV did not fairly present the law, it misled the jury, and failed to instruct on issues raised by the pleadings and evidence; b) This error prejudiced a substantial right of Appellant and warrants reversal of the trial court; 3) The trial court erred in sentencing Appellant in failing to account for a change in the Nebraska Habitual Criminal Statute occurring before entry of final judgment; and 4) Trial counsel was ineffective; a) for failing to object to instruction IV for the reasons instructive IV was an error as discussed in Statement of Error II; b) for failing to advise the trial court of the change in the Nebraska Habitual Criminal Statute discussed in Assignment of Error III.