State v. Space

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State v. Space

Case Number
S-21-0837
Call Date
May 24, 2022
Case Time
9:00 AM
Court Number
Buffalo
Case Location
Lincoln
Court Type
District Court
Case Summary

S-21-0837 State of Nebraska (Appellant) v. Tracy Space (Appellee)

Appeal from the District Court for Buffalo County, Judge Ryan C. Carson

Attorneys:  Kari R. Fisk (Buffalo County Attorney’s Office for Appellant) and Lydia K. Davis (Buffalo County Public Defender’s Office for Appellee)

Criminal:  Third Offense DUI (aggravated); Refusal to Submit to a Preliminary Breath Test; and Motion for Discharge

Proceedings below:  Space (Appellee) was charged with Third Offense DUI (aggravated) and Refusal to Submit to a Preliminary Breath Test.  On September 13, 2021, Appellee filed a Motion for Discharge, which the district court sustained and dismissed the State’s (Appellant’s) case against Appellee. On its own motion, the Nebraska Supreme Court ordered that this case be removed from the docket of the Nebraska Court of Appeals and transferred this case to its docket.

Issues:  The State assigns as the sole error that the District Court erred in granting the Defendant’s motion for absolute discharge.

Schedule Code
SC