State v. Bret, 20 N.W.3d 364

Melissa S. Bret was charged with theft by shoplifting goods valued at $77.64.
She was tried by a jury, found guilty, and the verdict reflected the value to be less than $500.
The prosecution charged her as having two prior theft convictions, potentially enhancing her offense to a Class IV felony.
No evidence of any prior convictions was introduced during the sentencing proceedings.
The court nonetheless sentenced Bret as a Class IV felon, imposing a custodial sentence that exceeded the Class II misdemeanor maximum.
Bret appealed, arguing the State failed to prove the prior convictions required for sentence enhancement.

Issue	Bret's Argument	State's Argument	Held
Whether Bret’s sentence could be enhanced without evidence of prior convictions	State failed to prove prior convictions, so enhancement is improper	Agrees there was insufficient evidence, so enhancement was improper	Enhancement and sentence must be vacated
Whether the State waived its ability to seek enhancement on remand	State’s conduct at sentencing was a waiver, so only misdemeanor sentencing is allowed on remand	No waiver occurred; state can still seek enhancement on remand	No waiver; State may seek enhancement on remand

State v. Valdez, 305 Neb. 441 (holding the State must affirmatively waive enhancement, not just fail to assert it)
State v. Ezell, 314 Neb. 825 (clarifying sentencing procedure and factors)
State v. Oceguera, 281 Neb. 717 (specifying procedure for enhancement hearings and requirements for proof of prior convictions)