S-25-0496 State of Nebraska (Appellant) v. Asime W. Prince (Appellee)
Appeal from the District Court for Sarpy County, Judge Nathan B. Cox
Attorneys: Rachel G. Bolton. (Deputy Sarpy County Attorney for Appellants) and Eric M. Hagen (Liberty Law Group for Appellee)
Criminal: Deferred judgment
Proceedings below: Pursuant to a plea agreement, Appellee pled guilty to a charge of attempted unlawful discharge of a firearm. Prior to sentencing, Appellee filed a motion for deferred judgement, which the district court granted. The district court sentenced Appellee to a five (5) year term of probation, which required him to participate in the Veteran’s Treatment Court. 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: The State assigns the following errors: 1) The trial court abused its discretion in imposing an excessively lenient sentence; 2) The trial court abused its discretion in granting a deferred judgment; 3) The trial court violated the constitutional separation of powers by granting deferred judgment over the objection of the prosecutor; and 4) The trial court abused its discretion and exceeded statutory authority in ordering that, as a term of probation, the Appellee participate in Veteran’s Treatment Court.