S-23-0192 State of Nebraska (Appellee) v. Tristan T. Horne (Appellant)
Appeal from District Court for Sarpy County, Judge Stefanie Martinez
Attorneys: Christopher J. Lathrop (Sarpy County Public Defender’s Office for Appellant), Savannah Kroll (Senior Certified Law Student for Appellant) and Teryn R. Blessin (Asst. Attorney General for Appellee).
Criminal: Problem-Solving Court Contract Violation
Proceedings below: After Appellant entered a guilty plea to Attempted Possession of a Firearm by a Prohibited Person, he was accepted into the Wellness Court. The Appellant later admitted that he violated the Wellness Court contract, and the district court terminated him from the Wellness Court and sentenced him to six (6) to twenty (20) years in prison. 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) The District Court did not adequately establish that the appellant waived a statutory right to a pre-sentence investigation report before felony sentencing; 2) The District Court abused its discretion by removing Appellant from the Wellness Court as the Court did not allow for all aspects and avenues of Wellness Court to be utilized prior to termination from the program; 3) The District Court abused its discretion in imposing an excessive sentence as the District Court did not adequately consider appellant’s history, character, and the underlying facts, evidence, and background of the case before imposing sentencing or considering whether a term of probation would have been more appropriate.