S-25-0350 State of Nebraska (Appellee) v. Sherry A. Dale (Appellant)
Appeal from the District Court for Douglas County, Judge Leigh A. Retelsdorf
Attorneys: John J. Jedlicka (Asst. Douglas County Public Defender for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee)
Criminal: Animal neglect/abandonment with serious injury, sentencing, and reimbursement
Proceedings below: Appellant was convicted of animal neglect/abandonment with serious injury, and the district court sentenced her to two (2) years’ probation, with terms and conditions that required her to reimburse the Humane Society. On its own motion, the Nebraska Supreme Court ordered this case to be transferred from the docket of the Nebraska Court of Appeals to its docket.
Issues: Appellant assigns the following errors: 1) The district court erred in ordering Appellant to reimburse the Humane Society for all fees to the Humane Society for the pickup, removal, euthanasia, and necropsy of the deceased dog within the first 12 months of said probation in a probation order when that was never ordered in court. In fact, the court never advised Appellant of that consequence during the plea, did not order the probation office to include documentation regarding the nature and amount of expenses, nor did the court address said payment of fees during the sentencing hearing; and 2) The district court erred since it never held a hearing to determine the amount of said fees to the Humane Society and in fact never ordered an amount which is consistent with the record that being totally devoid of any amount of loss to the Humane Society.