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State v. Paulsen

Supreme Court of Nebraska

September 6, 2019

State of Nebraska, appellee,
v.
Larry Paulsen, appellant.

         1. Jurisdiction: Appeal and Error. A jurisdictional question which does not involve a factual dispute is determined by an appellate court as a matter of law.

         2. Jurisdiction: Final Orders: Appeal and Error. For an appellate court to acquire jurisdiction of an appeal, there must be a final order or final judgment entered by the court from which the appeal is taken.

         3. Jurisdiction: Judgments: Words and Phrases: Appeal and Error. For purposes of appellate jurisdiction, a judgment is the final determination of the rights of the parties in an action.

         4. Final Orders: Appeal and Error. Under Neb. Rev. Stat. § 25-1902 (Reissue 2016), the three types of final orders which may be reviewed on appeal are (1) an order affecting a substantial right in an action that, in effect, determines the action and prevents a judgment; (2) an order affecting a substantial right made during a special proceeding; and (3) an order affecting a substantial right made on summary application in an action after a judgment is rendered.

         5. Final Orders. Substantial rights under Neb. Rev. Stat. § 25-1902 (Reissue 2016) include those legal rights that a party is entitled to enforce or defend.

         6. Probation and Parole: Appeal and Error. Claim-specific standards of review apply to an appeal of an order refusing to modify or eliminate a probation condition.

          Appeal from the District Court for Dawson County: James E. Doyle IV, Judge.

          Christopher Ferdico and Erik W. Fern, of Berry Law Firm, for appellant.

         [304 Neb. 22] Douglas J. Peterson, Attorney General, and Siobhan E. Duffy for appellee.

          Heavican, C.J., Miller-Lerman, Cassel, Stacy, Funke, Papik, and Freudenberg, JJ.

          PER CURIAM.

         Over 6 months after the district court for Dawson County sentenced him to probation and imposed various terms thereof, Larry Paulsen filed a motion to modify one of those terms relating to possession of firearms. The district court denied the motion, and Paulsen has appealed. We conclude that the district court did not err in denying Paulsen's motion and therefore affirm.

         BACKGROUND

         Conviction and Sentence.

         Paulsen's conviction in this case arose out of the district court's acceptance of his plea of guilty to driving under the influence, second offense. The district court set forth its sentence in a journal entry filed on January 16, 2018, in which it stated that it was sentencing Paulsen to jail for 30 days and probation for 24 months "under the terms and conditions set by the Court." The district court also revoked Paulsen's driver's license for 18 months and ordered him to pay a $1, 000 fine. The district court later entered an order setting forth various conditions to which Paulsen would be subject during his 24 months of probation. One of the conditions states that Paulsen shall not "have nor associate with anyone who has possession of firearms, ammunition, or illegal weapons."

         Paulsen did not appeal his conviction or sentence.

         Motion to Modify ...


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