STATE v. EARNEST

No. S-23-243.

997 N.W.2d 589 (2023)

315 Neb. 527

STATE of Nebraska, appellee, v. Anthony W. EARNEST, appellant.

Supreme Court of Nebraska.

Filed December 1, 2023.


Attorney(s) appearing for the Case

Matthew K. Kosmicki , for appellant.

Michael T. Hilgers , Attorney General, and P. Christian Adamski , for appellee.

Heavican, C.J., Miller-Lerman, Cassel, Funke, Papik, and Freudenberg, JJ.


Anthony W. Earnest pled no contest to charges of driving under the influence (DUI) causing serious bodily injury and third degree assault. In this appeal, Earnest challenges his sentences in various respects. He first argues that the district court erred by failing to consider his ability to pay a $10,000 fine. In addition, he claims that...

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