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State v. Schiesser

Court of Appeals of Nebraska

December 13, 2016

State of Nebraska, appellee,
v.
Michael R. Schiesser, appellant.

         1. 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.

         2. 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 discretion.

         3. 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.

         4. Pleas. A sufficient factual basis is a requirement for finding that a plea was entered into understandingly and voluntarily.

         5. 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.

         6. 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.

         7. 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.

         [24 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.

         9. __:__. To be convicted under Neb. Rev. Stat. § 28-205 (Reissue 2016), it is not necessary that the underlying felony be committed in Nebraska.

         10. 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 crime.

         Appeal from the District Court for Lancaster County: Lori A. Maret, Judge. Affirmed.

          John S. Berry, of Berry Law Firm, for appellant.

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

          Inbody, Riedmann, ...


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