(Download) "State Nebraska v. Roy L. Ellis" by Supreme Court of Nebraska ~ Book PDF Kindle ePub Free
eBook details
- Title: State Nebraska v. Roy L. Ellis
- Author : Supreme Court of Nebraska
- Release Date : January 29, 1983
- Genre: Law,Books,Professional & Technical,
- Pages : * pages
- Size : 58 KB
Description
This appeal once again presents the question of how the habitual criminal statute, Neb. Rev. Stat. § 29-2221 (Reissue 1979), should be interpreted. The appellant, Roy L. Ellis, was informed against in a three-count amended information. The first count charged him with the robbery of property of Kentucky Fried Chicken from the personal protection of one Nick Gann, in violation of Neb. Rev. Stat. § 28-324 (Reissue 1979), a Class II felony. The second count charged Ellis with the use of a firearm to commit the felony, in violation of Neb. Rev. Stat. § 28-1205 (Reissue 1979), a Class III felony. The third count charged him with being an habitual criminal, in violation of § 29-2221. The jury found Ellis guilty as charged of robbery and use of a firearm. Section 29-2221 provides in part: ""Whoever has been twice convicted of crime, sentenced and committed to prison . . . shall, upon conviction of a felony committed in this state, be deemed to be an habitual criminal . . . ."" Following the findings of guilty by the jury, the trial court received evidence on the issue as to whether Ellis was an habitual criminal. The evidence so received established that Ellis had once before been convicted of robbery and the use of a firearm in its commission. The trial court determined that these previous convictions could be considered as two separate convictions for purposes of the Nebraska habitual criminal statute, § 29-2221, even though they were imposed at the same time, and found Ellis to be an habitual criminal. The District Court then sentenced Ellis to consecutive terms of 12 to 15 years and 10 years on each of the two substantive counts. Ellis has filed two briefs in this case. One is filed by his court-appointed attorney, assigning as error the fact that the trial court was wrong in not dismissing the habitual criminal charge against Ellis because his two prior felony convictions used as the basis to find him an habitual criminal occurred simultaneously as part of one transaction. Ellis has likewise filed a brief, pro se, alleging that his federal constitutional right to due process of law was violated when the State's representative allowed false testimony by its own witness to go uncorrected, even though the testimony was unsolicited by the State's representative.