S-23-0056 State of Nebraska (Appellee) v. Charles J. Simons (Appellant)
Appeal from District Court for Madison County, Judge James G. Kube
Attorneys: Attorneys: Chelsey R. Hartner (Chief Madison County Public Defender for Appellant) and Nathan A. Liss (Asst. Attorney General for Appellee).
Criminal: Possession of Methamphetamine
Proceedings below: During a search of his home, Appellant’s probation officer located a pipe which field-tested positive for methamphetamine. The State subsequently charged Appellant with possession of methamphetamine, and after trial, the district court convicted him of possession of methamphetamine and sentenced to two years in prison with credit for time served. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) The lower Court erred in overruling Simons’ Motion to Suppress as probation no longer had the authority to conduct a search and Simons did not consent to the same; and 2) The lower court erred and abused its discretion in sentencing Simons to a determinate term of two (2) years at the NDOC as it constitutes an excessive sentence based upon the facts of this case.