S-23-0167 State of Nebraska (Appellee) v. Favion Lara (Appellant)
Appeal from District Court for Hall County, Judge Patrick M. Lee
Attorneys: Attorneys: Mark T. Porto (Wolf, McDermott, Depue, Sabott, Butz & Porto, LLC for Appellant) and Jordon M. Osborne (Asst. Attorney General for Appellee).
Criminal: Excessive Sentence
Proceedings below: Appellant entered a no contest plea to two counts of Attempted First-Degree Assault on a Peace Officer (Class II Felony), two counts of Attempted Use of a Deadly Weapon to Commit a Felony (Class II Felony), and one count of Conspiracy to Commit a Felony (Class IC Felony). Appellant was given concurrent sentences of fifteen (15) to thirty (30) in prison years for each Class II felony and a consecutive sentence of thirty (30) to fifty (50) years for the Class IC felony. 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 erred/abused its discretion in considering the letter submitted by Investigator Sullivan; and 2) The District Court’s sentence was excessive and constituted an abuse of discretion.