S-23-0243 State of Nebraska (Appellee) v. Anthony W. Earnest (Appellant)
Appeal from District Court for Lancaster County, Judge Lori A. Maret
Attorneys: Attorneys: Matthew K. Kosmicki (Kosmicki Law Firm for Appellant) and P. Christian Adamski (Asst. Attorney General for Appellee).
Criminal: Excessive Sentence
Proceedings below: Appellant entered a no contest plea to Driving Under the Influence Causing Serious Bodily Injury and to Third-Degree Assault, and he was sentenced to three (3) years in prison for the Driving Under the Influence Causing Serious Bodily Injury, fined $10,000, and was ordered to complete eighteen (18) months of post-release supervision. On the Third-Degree assault, he was sentenced to a one-year, consecutive sentence and fined $1,000. On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) Whether the district court erred by fining the Defendant $10,000.00 without first considering the Defendant’s ability to pay pursuant to Neb.Rev.Stat. § 29-2206; and 2) The district court abused its discretion by imposing an excessive sentence and failing to recognize the statutory factors in favor of a more lenient sentence.