State v. Wilkinson

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State v. Wilkinson

Case Number
Call Date
March 31, 2016
Court Number
Case Summary

S-15-1002 State v. Byron Wilkinson, Jr. (Appellant)

Cheyenne County, Judge Travis O'Gorman

Attorneys: Thomas Sonntag (Appellant) ---Kimberly A. Klein (Attorney General's Office)

Criminal: Plea: Obstruction of a government operation; ' 28-901; Class I misdemeanor

Proceedings below: Appellant entered a no contest plea. The county court found Appellant guilty and sentenced him to 30 days in jail. The district court affirmed.

Issues: The District Court of Cheyenne County erred in denying Appellant's claims that: l. The factual basis furnished to the County Court by the Special Prosecutor is insufficient to support a finding of guilty; 2. The Amended Complaint filed in this matter was inadequate to inform the Defendant specifically of what the State of Nebraska claims that he did that constituted a violation of Neb. Rev. Stat. ' 28-901, and it failed to adequately charge a violation of that statute; 3. The sentence imposed by the County Court of Cheyenne County, Nebraska and affirmed by the District Court of Cheyenne County, Nebraska, upon the Defendant/Appellant in this matter is excessive and an abuse of discretion.