S-23-0958 and S-23-0959 State of Nebraska (Appellee) v. Tyler O. Robertson (Appellant)
Appellant from the District Court for Madison County, Judge Mark A. Johnson
Attorneys: Bradley A. Ewalt (Ewalt Law Office, P.C., L.L.O. for Appellant) and Teryn Blessin (Asst. Attorney General for Appellee)
Criminal:Ineffective Assistance of Counsel and County Jail Sentences
Proceedings Below: Appellant was convicted of second-degree trespass and sentenced to 90 days in county jail, which was to be served concurrently with a conviction for attempted third-degree assault on an officer for which he was sentenced to 364 days in county jail. On a separate docket, Appellant was also convicted of failure to appear and sentenced to 364 in county jail, to be served consecutively with the other convictions. 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: On appeal, Appellant makes the following arguments: 1) Whether Appellant received ineffective assistance of counsel when his attorney provided incorrect information about whether a victim was consulted about trial; and 2) Whether Appellant should have been sentenced to the Department of Corrections instead of county jail when his sentences were ordered to be served consecutively.