State v. Earnest
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The defendant, Anthony W. Earnest, pled no contest to charges of driving under the influence (DUI) causing serious bodily injury and third degree assault. Following a two-vehicle accident, Earnest was charged and released on bond with specific conditions. However, following another incident where he was found driving under influence, his bond was revoked. The district court sentenced Earnest to 3 years’ imprisonment, 18 months’ post-release supervision, a $10,000 fine, and a 15-year license revocation for the DUI causing serious bodily injury, and 1 year’s imprisonment and a $1,000 fine for the third degree assault.
On appeal, Earnest argued that the district court erred by imposing a $10,000 fine without considering his ability to pay and by imposing excessive sentences. The Nebraska Supreme Court found that the district court was not required to consider Earnest's ability to pay before imposing fines. The court also noted that while the district court misunderstood the law about imposing consecutive sentences, it was not prejudicial to Earnest; the court would have imposed consecutive sentences even if it had understood concurrent sentences were permissible. Additionally, the court rejected Earnest’s argument that the district court failed to consider factors that weighed in favor of a more lenient sentence. Concluding that the district court did not commit any prejudicial error, the Nebraska Supreme Court affirmed the district court's decision.
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