State v. Dye

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State v. Dye

Case Number
S-14-0792
Call Date
September 2, 2015
Court Number
Hall
Case Summary

S-14-0792 State v. Brandon Dye (Appellant)
Hall County, Judge Teresa K. Luther
Attorneys: Mark Porto (Shamberg Wolf McDermott & DePue) (Appellant) --- Kimberly A. Klein (Attorney General's Office)
Criminal: Count I: Robbery; Count II and III: False Imprisonment; Count IV: 3rd degree assault; Count V: 3rd degree sexual assault; Count VI: Carrying a concealed weapon
Proceedings below: A jury found Appellant guilty of the above crimes. He was sentenced as follows: Count I: 12 to 13 years; Count II: 2 to 4 years; Count III: 2 to 4 years; Counts IV, V, and VI: one year each. All sentences were ordered to run concurrent to each other. The State filed a Petition to Bypass the Court of Appeals which was granted by the Nebraska Supreme Court.
Issues: 1. The plea agreement, entered after conviction but before sentencing, in which Appellant agreed to waive his right to appeal, was unenforceable. 2. The district court erred in prohibiting Appellant from eliciting testimony regarding statements made by Chad Willis to a 3rd party in which Willis acknowledged drugging Appellant immediately prior to commission of the underlying offenses.