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State v. Workman

Court of Appleals of Nebraska

July 29, 2014

STATE OF NEBRASKA, APPELLEE,
v.
MATHEW W. WORKMAN, APPELLANT

Page 350

Appeal from the District Court for Sarpy County: WILLIAM B. ZASTERA, Judge.

JUDGMENT REVERSED, SENTENCES VACATED, AND CAUSE REMANDED FOR FURTHER PROCEEDINGS.

Patrick J. Boylan, Chief Deputy Sarpy County Public Defender, for appellant.

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

INBODY, Chief Judge, and IRWIN and MOORE, Judges.

OPINION

Page 351

[22 Neb.App. 224] Per Curiam.

INTRODUCTION

In our previous opinion, State v. Workman, 21 Neb.App. 524, 842 N.W.2d 108 (2013), filed on December 10, 2013, we reversed the order of the district court for Sarpy County which terminated Mathew W. Workman's participation in the drug court program, due to the court's failure to provide a written statement as to the evidence relied on and the reasons for terminating his participation in that program. Workman subsequently filed a motion for rehearing. We now withdraw our prior opinion in its entirety and issue this opinion in its place, wherein we reverse the orders of the district court which accepted Workman's guilty pleas to the underlying charges of possession of a controlled substance and which terminated Workman's participation in the drug court program. Because there was not a factual basis given for Workman's pleas of guilty to the underlying charges of possession of a controlled substance, we reverse and vacate Workman's convictions and sentences, and we remand the cause to the district court for further proceedings.

BACKGROUND

Workman was originally charged in the district court with three counts of delivery of a controlled substance, each a Class III felony. Pursuant to a plea agreement, the charges [22 Neb.App. 225] were amended to three counts of possession of a controlled substance, each a Class IV felony. Arraignment on the amended information was continued to determine whether Workman could be accepted into drug court. On November 16, 2009, Workman pled guilty to the amended charges. At the plea hearing, Workman was asked if he understood that if he cannot complete drug court, he could be found guilty of three Class IV felonies, each punishable by a fine of up to $10,000 or confinement for a period of up to 5 years, along with other consequences, to which he responded in the affirmative. After advising Workman of his various constitutional rights, the court found that Workman's pleas were freely, voluntarily, intelligently, and knowingly made, and the court accepted the pleas. The court then stated that it would " defer factual basis for the completion of the plea, pending [Workman's] Drug Court." Workman's attorney did not object to the deferral of the factual basis or to the acceptance of Workman's pleas without a factual basis. The docket entry from November 16 filed in the district court shows that Workman entered pleas of guilty, the pleas were accepted, the factual basis was deferred, and he was referred to the drug court.

On February 21, 2012, the State filed a motion to terminate Workman's participation in the drug court program for violation of certain conditions of his drug court contract, the details of which we need not recite here. A hearing on the motion to terminate was held on March 6, at which Workman was present and represented by counsel. We need not detail the evidence that was adduced at the hearing for purposes of this ...


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