State v. Warner

The State charged Defendant with two felony counts of theft by deception in violation of Neb. Rev. Stat. 28-512. The district court sustained Defendant’s motion to quash the information, concluding that the State should have aggregated all of the alleged incidents into a single count of theft by deception rather than charging two separate counts. The court then gave the State seven days to file an amended information. Instead of filing an amended information, the State filed an application to docket error proceedings. The Supreme Court dismissed the appeal for lack of jurisdiction, holding (1) the State may appeal an order which sustained a motion to quash but allowed the State time to file an amended information; and (2) because there was no final order for purposes of Neb. Rev. Stat. 29-2315.01, the State may not take an appeal. View "State v. Warner" on Justia Law