State v. Nguyen (PFR)

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State v. Nguyen (PFR)

Case Number
Call Date
March 30, 2016
Court Number
Case Summary

S-15-0142 State v. Bao M. Nguyen (Appellant)

Lancaster County, Judge John Colborn

Attorneys: Jerry L. Soucie (Appellant) --- Nathan A. Liss (Attorney General's Office)

Criminal: Plea: Carry a concealed weapon, 2nd offense, a class IV felony

Proceedings below: After a trial to the court, Appellant was found guilty of the crime. An enhancement hearing was held and the court found the offense was a class IV felony. Appellant was sentenced 1 to 3 years in prison. The Court of Appeals affirmed. See State v. Nguyen, A-15-0142, Memorandum Opinion. Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Nebraska Court of Appeals erred in issuing an unpublished memorandum opinion that did not apply existing Nebraska Supreme Court authority from State v. Williams, 218 Neb. 57, 352 N.W.2d 576 (1984) and State v. Valencia, 206 Neb.719, 290 N.W.2d 181 (1980) and deciding that this controlling authority was implicitly overruled by statutory amendments made years later in LB 988 ' 2, Neb. Laws 1994 and LB 63 ' 10, Neb. Laws 2009.