Judgments: Appeal and Error. When issues on
appeal present questions of law, an appellate court has an
obligation to reach an independent conclusion irrespective of
the decision of the court below.
Pleas: Appeal and Error. A trial court is
afforded discretion in deciding whether to accept guilty
pleas, and an appellate court will reverse the trial
court's determination only in case of an abuse of
Pleas: Effectiveness of Counsel. When a
court accepts a defendant's plea of no contest, the
defendant is limited to challenging whether the plea was
understandingly and voluntarily made and whether it was the
result of ineffective assistance of counsel.
Pleas. A sufficient factual basis is a
requirement for finding that a plea was entered into
understandingly and voluntarily.
Criminal Attempt: Intent. A person is guilty
of an attempt to commit a crime if he or she intentionally
engages in conduct which would constitute the crime if the
attendant circumstances were as he or she believes them to be
or intentionally engages in conduct which, under the
circumstances as he or she believes them to be, constitutes a
substantial step in a course of conduct intended to culminate
in his or her commission of the crime.
Criminal Law: Aiding and Abetting. Aiding
the consummation of a felony occurs when a person
intentionally aids another to secrete, disguise, or convert
the proceeds of a felony or otherwise profit from a felony.
Criminal Law: Words and Phrases. Under the
phrase "otherwise profit from a felony" as used in
Neb. Rev. Stat. § 28-205 (Reissue 2016), the word
"profit" is used as a verb and means to make
returns, proceeds, or revenue on a transaction.
Neb.App. 408] 8. Criminal Law:
Aiding and Abetting. Pursuant to Neb. Rev. Stat.
§ 28-205 (Reissue 2016), there is no requirement that
the proceeds in question be "profit from a felony"
as to both the one who aids and the one who is aided. It is
enough that the person who is aided receives the returns or
proceeds as a result of the commission of a felony and that
the person who aids has intentionally assisted the person
aided in enjoying these returns or proceeds.
__:__. To be convicted under Neb. Rev. Stat. § 28-205
(Reissue 2016), it is not necessary that the underlying
felony be committed in Nebraska.
Criminal Law: Aiding and Abetting: Time.
Aiding the consummation of a felony is concerned with conduct
that occurs after a felony is committed and is a distinct
from the District Court for Lancaster County: Lori A. Maret,
S. Berry, of Berry Law Firm, for appellant.
Douglas J. Peterson, Attorney General, and George R. Love for
Inbody, Riedmann, ...