State v. Sierra
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The Supreme Court affirmed in part and vacated in part Defendant's convictions and sentences for burglary, conspiracy to commit burglary, and theft involving a truck, a trailer, and several tools from a garage, holding that Defendant's convictions and sentences pursuant to counts III and IV of the State's amended information, which each asserted a separate offense of theft by unlawful taking ($5,000 or more) violated the constitutional prohibition against double jeopardy.
Specifically, the Court held (1) two of Defendant's three convictions and sentences for theft by unlawful taking ($5,000 or more) based on the theft of tools from the garage must be vacated because allowing three convictions for the same offense is a clear violation of both the Nebraska and United States Constitutions; (2) the trial court did not err by excluding defense witnesses who were not disclosed by counsel until five days before trial; (3) Defendant's assertion relating to his attorney's generalized failure to communicate with Defendant while preparing for trial were unavailing; and (4) there was either no merit to Defendant's remaining claims of ineffective assistance of counsel or the record was insufficient for the Court to address the claims.
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