State v. GomezAnnotate this Case
The Supreme Court affirmed Defendant's conviction for violating a domestic abuse protection order, holding that there was sufficient evidence that Defendant was personally served with the protection order.
On appeal, Defendant argued that his conviction must be reversed because the service return the State introduced at trial did not specifically state that Defendant was served with the protection order he allegedly violated. The Supreme Court affirmed, holding (1) in cases alleging a violation of Neb. Rev. Stat. 42-924(4), in which the defendant does not receive the notice described in Neb. Rev. Stat. 42-926(2), the State must demonstrate that the defendant was personally served with the protection order; (2) the State in this case was required to demonstrate that Defendant was personally served with the order affirming the protection order; and (3) there was sufficient evidence of such service.