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State v. Carngbe

Supreme Court of Nebraska

June 13, 2014

STATE OF NEBRASKA, APPELLEE,
v.
WELLINGTON J. CARNGBE, APPELLANT

Page 303

[Copyrighted Material Omitted]

Page 304

Appeal from the District Court for Lancaster County: JODI NELSON, Judge.

Dennis R. Keefe, Lancaster County Public Defender, and Timothy M. Eppler for appellant.

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

HEAVICAN, C.J., WRIGHT, CONNOLLY, STEPHAN, MCCORMACK, MILLER-LERMAN, and CASSEL, JJ.

OPINION

Page 305

[288 Neb. 348] Heavican, C.J.

INTRODUCTION

Wellington J. Carngbe pled no contest to one count of burglary. He was sentenced to 6 to 8 years' imprisonment and given credit for time served of 4 days. Carngbe appeals. We affirm as modified.

FACTUAL BACKGROUND

According to the factual basis provided by the State, on August 21, 2012, a break-in was reported at a residence located in rural Lancaster County. Several items were stolen, including $400, a bowie knife, a PlayStation 3 video game system, several PlayStation games, and a laptop computer. An older model white Cadillac had been seen in the area around the time of the incident.

Several days later, on August 24, 2012, a home invasion robbery occurred at a location near the site of the first break-in, again in Lancaster County. A Dodge Neon was seen in the area.

The next day, August 25, 2012, law enforcement located and stopped the Neon. Carngbe and another individual were in the vehicle. Consent was given for a search of the vehicle, and the bowie knife and the PlayStation were found inside the vehicle. The laptop was found in a later search of Carngbe's home. The plates on ...


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