State v. McAleese
Annotate this Case
The Supreme Court affirmed the judgment of the county court denying Defendant's motion seeking to vacate and correct his sentence for driving under the influence, which Defendant received almost nine years earlier, holding that the county court did not err.
In 2008, Defendant was convicted of driving under the influence of alcohol, third offense. In 2010, Defendant's probation was revoked, and he was resentenced to a jail term, a fine, and a fifteen-year license revocation. No appeal was taken. Nine years later, Defendant filed a motion to reopen the case and vacate the previous sentencing order, asserting that the sentencing order improperly failed to include an order pursuant to Neb. Rev. Stat. 60-6,197.01. The county court denied the motion, and the district court affirmed. The Supreme Court affirmed, holding that the district court correctly concluded that nine years after the judgment and conviction became final the county court lacked jurisdiction to adjudicate Defendant's motion to vacate and correct his sentence.
Some case metadata and case summaries were written with the help of AI, which can produce inaccuracies. You should read the full case before relying on it for legal research purposes.
This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.