S-23-0024 In re Interest of Joshua E, A Child Under Eighteen Years of Age, State of Nebraska (Appellee) v. Joshua E. (Appellant)
Appeal from Separate Juvenile Court for Sarpy County, Judge Jonathon D. Crosby
Attorneys: Joseph P. Fabian (Sarpy County Public Defender’s Office for Appellant); Andrew Erickson (Sarpy County Attorney’s Office on brief) and Zachary A. Viglianco (Attorney General’s Office for Appellee).
Juvenile: Delinquency, Possession of Controlled Substance, and Possession of Drug Paraphernalia.
Proceedings below: After Appellant was found with a vape pen containing Delta 8, he was adjudicated pursuant to Neb. Rev. Stat. §43-247(1) for violating of Neb. Rev. Stat. §28-416 (Possession of a Controlled Substance) and § 28-441 (Possession of Drug Paraphernalia). On its own motion, the Supreme Court ordered this case to be transferred from the docket of the Court of Appeals to its docket.
Issues: Appellant makes the following assignments of error: 1) There was insufficient evidence to support the juvenile court's determination that Joshua committed the offense of possession of a controlled substance; 2) There was insufficient evidence to support the juvenile court’s determination that Joshua committed the offense of possession of a controlled substance because the State failed to prove Joshua knowingly or intentionally possessed the substance; and 3) There was insufficient evidence to support the juvenile court’s determination that Joshua committed the offense of possession of drug paraphernalia.