S-22-0324 State of Nebraska (Appellant) v. Maylesha S. Lewis (Appellee)
Appeal from the District Court for Douglas County, Judge Peter C. Bataillon
Attorneys: Ryan Lindberg (Deputy Douglas County Attorney for Appellant) and Jessica C. West (Douglas County Public Defender’s Office for Appellee).
Criminal: Driving under the Influence Causing Serious Bodily Injury and Motor Vehicle Homicide (DUI/ODR); Double Jeopardy
Proceedings below: Appellee was convicted of and was sentenced for driving under the influence causing serious bodily injury based on an October 11, 2020, accident. She was sentenced to 30 months incarceration with 18 months post-release supervision and had her license revoked for 5 years. The victim died on June 17, 2021, as a result of the injuries suffered on October 11, 2020. Appellee was subsequently charged with motor vehicle homicide-DUI. She filed a plea in bar seeking dismissal of the second case based on double jeopardy, which was sustained by the trial court. Appellant’s Petition to Bypass the Court of Appeals was sustained, and this case was transferred to the docket of the Supreme Court.
Issues: Appellant State of Nebraska makes the following assignments of error: 1) The District Court erred in its Blockburger analysis of Neb. Rev. Stat. §§ 28-306 and 60-6,198; 2) The District Court erred in finding that Neb. Rev. Stat. § 60-6,198 is a lesser included offense of Neb. Rev. Stat. § 28-306; and 3) The District Court erred in failing to address subsection (4) of both Neb. Rev. Stat. §§ 28-306 and 60-6,198.