S-12-1219 and S-12-1220, (Consolidated) State v. Douglas House (Appellant)
Lancaster County, Judge Karen Flowers
Attorneys: Todd Molvar (Public Defender’s Office) --- George R. Love (Attorney General’s Office)
Criminal: Leaving the scene of a property damage accident; careless driving
Proceedings below: This case was previously before the Court of Appeals: A-11-0442, appeal dismissed. Neb. Ct. R. App. P. § 2-107(A)(2). A jury trial in county court was held on leaving the scene of property damage accident and a trial to the county court was held on the reckless driving charge. Each found Appellant guilty of both crimes. He was sentenced 30 days jail, a 1 year license revocation and $100 fine for careless driving. He was denied IFP status to proceed with his appeal to district court but the public defender was permitted to continue representing him. The district court affirmed the convictions and sentences.
Issues: The district court erred in (1) affirming the county court’s admission of evidence surrounding restitution paid; (2) affirming the county court’s imposition of an excessive sentence; (3) affirming the overruling of Appellant’s motion to proceed IFP.