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State v. Bol

Court of Appeals of Nebraska

April 15, 2014

STATE OF NEBRASKA, APPELLEE,
v.
YAI D. BOL, ALSO KNOWN AS DANIEL MATIT, APPELLANT

Page 607

Appeal from the District Court for Lancaster County: PAUL D. MERRITT, JR., Judge.

Dennis R. Keefe, Lancaster County Public Defender, and Elizabeth Elliott for appellant.

Jon Bruning, Attorney General, and George R. Love for appellee.

INBODY, Chief Judge, and PIRTLE and RIEDMANN, Judges.

OPINION

Page 608

[21 Neb.App. 932] Riedmann, Judge.

INTRODUCTION

Yai D. Bol, also known as Daniel Matit, appeals from his conviction in the Lancaster County District Court for criminal impersonation. He alleges that there was insufficient evidence to support the conviction and that his sentence is excessive. Finding no merit to Bol's arguments, we affirm the conviction and sentence.

BACKGROUND

Bol was questioned by Lincoln police officers on three separate occasions. During the third contact, Bol provided personal identifying information that conflicted with the information he gave the first two times. On February 12, 2012, Lincoln police officer Russell Schoenbeck responded to a report of an automobile accident and found a silver Chevrolet Tahoe " stuck on a snowbank and a fencepost." After running the license plate information, Officer Schoenbeck identified the registered owner of the vehicle as " Yai Bol." Officer Schoenbeck then searched the interior of the vehicle and found a citation to " Daniel Matit" in the center console.

[21 Neb.App. 933] Two individuals approached Officer Schoenbeck at the scene, and when asked if they knew " Yai Bol" or " Daniel Matit," they replied no and left the scene. Officer Schoenbeck later made contact with one of those individuals again, and at that time, the man produced a State of Nebraska identification card bearing the name " Daniel Matit" and a birthdate of January 1, 1989. Officer Schoenbeck ran the name " Daniel Matit" through the system the police use to obtain information and came up with a purportedly true person named " Daniel Matit" that was a person different than " Yai Bol." At trial, Officer Schoenbeck identified the defendant, Bol, as the man who provided him with the identification card. The officer also testified that the photograph of a man marked as exhibit 1 at trial was the man with whom he had contact on February 12, 2012.

On March 5, 2012, Lincoln police sergeant Benjamin Miller made contact with the driver of the same Tahoe that was involved in the February 12 incident. The driver told Sergeant Miller that his name was " Daniel Matit" and provided a ...


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