S-15-0971 State v. Robert C. Thompson (Appellant)
Madison County, Judge James G. Kube
Attorneys: Chelsey R. Hartner (Public Defender's Office) (Appellant) --- Nathan A. Liss (Attorney General's Office)
Criminal: Plea: DUI, greater than .15 g or more, 3rd offense
Proceedings below: Appellant entered a guilty plea to DUI, .15 g or more, pursuant to a plea agreement. The court found Appellant had 2 prior convictions and enhanced to a 3rd offense. The trial court sentenced Appellant to a term of probation with the Specialized Substance Abuse Supervision Probation Office (SSAS) for a period of 24 months. As a condition, Appellant was ordered to immediately serve 60 days in jail. His license was revoked for 10 years. Thompson appealed. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: The lower court erred in ordering Thompson to serve a period of 60 days in jail as part of his sentence for SSAS probation for a conviction for DUI, .15 g or more, 3rd offense, a Class IIIA felony, as such is no longer permissible under Neb. Rev. Stat. ' 29-2262 (2015 Supp.).