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STATE v. WACKER

No. S-03-1196.

688 N.W.2d 357 (2004)

268 Neb. 787

STATE of Nebraska, appellee v. David R. WACKER, appellant.

Supreme Court of Nebraska.

November 5, 2004.

Attorney(s) appearing for the Case

Bell Island, of Island, Huff & Nichols, P.C., L.L.O., for appellant.

Jon Bruning, Attorney General, and Kimberly A. Klein for appellee.

HENDRY, C.J., WRIGHT, CONNOLLY, GERRARD, STEPHAN, McCORMACK, and MILLER-LERMAN, JJ.

CONNOLLY, J.

David R. Wacker appeals his conviction and sentence for manslaughter resulting from a motor vehicle accident. A police officer told Wacker that the county attorney would charge him with motor vehicle homicide instead of manslaughter if he admitted to driving the vehicle. He admitted to driving the vehicle, but the State reneged on the agreement. Wacker moved to compel the State to amend the charge to motor vehicle homicide in accordance with the agreement...

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