S-25-0405 State of Nebraska (Appellee) v. Jestin C. Holland (Appellant)
Appeal from the District Court for Douglas County, Judge Shelly R. Stratman
Attorneys: Thomas Riley and Noelle Obermeyer (Douglas County Public Defender’s Office for Appellant) and Zachary Viglianco, Cody Barnett, Michael Hilgers (Nebraska Attorney General’s Office for Appellee)
Criminal: Double Jeopardy
Proceedings below: The City of Omaha charged Appellant in county court with disorderly conduct and assault and battery. Pursuant to a plea agreement, Appellant pled no contest to a disorderly conduct charge, and prosecutor moved to dismiss the assault and battery charge, which the county court granted. The Douglas County Attorney’s Office later charged Appellant with first-degree assault for actions that arose out of the same events, and Appellant filed a plea in bar, which the district court denied. 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 denying Appellant’s plea in bar because double jeopardy attached to the assault and battery charge when it was dismissed as a part of a plea agreement; and 2) The district court committed clear error when it failed to grant Appellant’s plea in bar.