State v. Schiesser (PFR)

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State v. Schiesser (PFR)

Case Number
S-16-0115
Call Date
April 25, 2017
Case Time
9:00 AM
Court Number
Lancaster
Case Summary

S-16-0115, State v. Michael R. Schiesser (Appellant)

Lancaster County, Judge Lori Maret

Attorneys: Melissa R. Vincent (Attorney General’s Office) --- John Stevens Berry Jr. (for Appellant)

Criminal: Attempt to aid in consummation of a felony, a Class I misdemeanor

Proceedings below: Appellant entered a plea of no contest to the charge. He was sentenced to 365 days in jail and a $1000 fine. On appeal the Court of Appeals affirmed the conviction and sentence. See State v. Schiesser, 24 Neb. 407 (2016). Appellant filed a Petition for Further Review which was granted by the Nebraska Supreme Court.

Issues on Review: The Court of Appeals erred in (1) determining the factual basis of Appellant’s plea of no contest was sufficient to support a finding of guilty; (2) using the presentence investigation report to determine the factual basis of Appellant’s plea of no contest.