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State v. Newcomer

Court of Appeals of Nebraska

March 8, 2016

STATE OF NEBRASKA, APPELLEE,
v.
JAMES R. NEWCOMER, APPELLANT

Page 915

Appeal from the District Court for Sarpy County: DAVIDK. ARTERBURN, Judge.

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

Douglas J. Peterson, Attorney General, and George R. Love for appellee.

PIRTLE, RIEDMANN, and BISHOP, Judges.

OPINION

Page 916

[23 Neb.App. 762] Riedmann, Judges.

INTRODUCTION

James R. Newcomer appeals from his conviction in the district court of Sarpy County of forgery of a certificate of title. On appeal, he challenges the fine he received as part of his sentence and the rejection of his initial poverty affidavit attached to his motion to proceed in forma pauperis. Finding no merit to his claims, we affirm.

BACKGROUND

Newcomer was initially charged with four counts of forgery of a certificate of title, a Class IV felony. Pursuant to a plea agreement with the State, Newcomer pled no contest to one count and the State dismissed the remaining three counts.

According to the factual basis provided by the State at the plea hearing, on November 3, 2014, police officers located three vehicles parked outside of Newcomer's residence, all of which had fictitious license plates. Newcomer admitted to the officers that the vehicles were his and that he had placed the [23 Neb.App. 763] license plates on the vehicles. Through investigation, police determined that Newcomer had purchased 12 vehicles in 2014 and titled them under his own name, his girlfriend's name, and his two daughters' names. With respect to four of the vehicles, police confirmed that the bills of sale submitted to the Sarpy County Department of Motor Vehicles for title processing were forged. The true sales prices of the vehicles were $450, $500, $800, and $600.

The court accepted Newcomer's plea and found him guilty. On August 3, 2015, Newcomer received a sentence of 60 days in jail and a $10,000 fine.

On August 27, 2015, Newcomer filed a notice of appeal, a motion to proceed in forma pauperis, and a poverty affidavit. The court found that the poverty affidavit was insufficient and allowed Newcomer to submit a new affidavit which fully set forth his income and assets. Newcomer did so on September 1, and his motion to ...


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