State v. Frederick

After a bench trial, Defendant was convicted of driving during revocation in violation of Neb. Rev. Stat. 60-4,108(1). Defendant was sentenced to thirty days of jail time and nine months of probation. Defendant appealed, arguing that the evidence was insufficient to support the conviction where the only evidence presented at trial besides Defendant’s driving record was the testimony of a local law enforcement officer who testified that he found Defendant driving in a Wal-Mart parking lot. The Supreme Court affirmed Defendant’s conviction, vacated his sentence, and remanded for resentencing, holding (1) because the Wal-Mart parking lot was open to public access, the evidence was sufficient to support Defendant’s conviction for violating section 60-4,108(1); and (2) the county court committed plain error when it failed to revoke Defendant’s operator’s license for one year as required by section 60-4,108(1). View "State v. Frederick" on Justia Law