State v. Erpelding
Annotate this CaseAfter a jury trial, Defendant was convicted of four counts of criminal nonsupport for failing to pay four months of child support. The district court found Defendant was a habitual criminal and enhanced his sentences accordingly. The Supreme Court affirmed, holding (1) there was sufficient evidence to support Defendant’s convictions; (2) the district court did not violate the Sixth Amendment when it failed to submit to the jury the issue of whether Defendant’s nonsupport was in violation of any order of the court; (3) there was no error in the court’s failure to require a jury instruction on a lesser-included offense of misdemeanor criminal nonsupport; (4) the State violated Neb. Rev. Stat. 29-2221 in by failing to give Defendant three-day notice of the enhancement hearing, but the violation did not require reversal; and (5) Defendant’s sentences were not excessive and were not in violation of the Eighth Amendment.
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