STATE v. BOUSUM

No. A-03-473.

674 N.W.2d 802 (2004)

12 Neb. App. 401

STATE of Nebraska, Appellant v. Jayson R. BOUSUM, Appellee.

Court of Appeals of Nebraska.

February 24, 2004.


Attorney(s) appearing for the Case

L. Kenneth Polikov, Sarpy County Attorney, John E. Higgins, and Brett S. Charles for appellant.

Christopher A. Vacanti, of Cohen, Vacanti, Higgins & Shattuck, Omaha, for appellee.

IRWIN, Chief Judge, and HANNON and CARLSON, Judges.


IRWIN, Chief Judge.

I. INTRODUCTION

The State of Nebraska appeals from an order of the district court for Sarpy County, Nebraska, which withdrew Jayson R. Bousum's plea and conviction sua sponte. Because we find that the district court erred in determining sua sponte and based on the presentence investigation report that the factual basis was inadequate to support the already accepted plea, we reverse, and remand with directions.

II. BACKGROUND...

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