State v. Palomo, A-16-1167

On Sept. 17, 2016, Nebraska State Patrol troopers observed Martin Palomo commit traffic violations, discarded a lit cigarette, and fled a traffic stop; he drove recklessly, struck a building, fled on foot, and was arrested with a breath test of .224.
Palomo was charged by information with multiple offenses; an amended information charged four counts: DUI (first offense), willful reckless driving, operating a motor vehicle to avoid arrest (felony), and obstructing a peace officer. Three other counts were dismissed as part of a plea agreement.
Palomo pled guilty to the four counts in exchange for dismissal of other counts and the State not pursuing habitual criminal allegations.
At sentencing the district court imposed consecutive terms producing an aggregate sentence of 3 years and 60 days’ imprisonment, 9 months’ post-release supervision, a $400 fine (on DUI), and a 6-month license revocation; willful reckless driving was merged into the felony count.
Palomo appealed, arguing the sentence was excessive. The State conceded no excessiveness but identified plain error in sentencing regarding statutory requirements for the DUI fine and license revocation for the felony count.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the aggregate sentence was excessive	Palomo: sentence exceeded what was appropriate given alcohol issues and treatment needs	State: sentences within statutory limits; no excessiveness claimed	Court: Sentence not excessive; affirmed on that ground
Whether the DUI fine complied with statutory mandatory minimum	Palomo: challenged severity generally but did not raise statutory fine error	State: noted the court imposed $400 but statute mandates $500	Held: Plain error; modified to impose the mandatory $500 fine
Whether license revocation was required for felony evading conviction	Palomo: did not contest the absence of revocation order	State: court omitted the statutorily required 2-year revocation for operating to avoid arrest involving willful reckless operation	Held: Plain error; modified to order a 2-year driver’s license revocation

State v. Abejide, 293 Neb. 687, 879 N.W.2d 684 (2016) (appellate standard for reviewing sentences)
State v. Dixon, 286 Neb. 334, 837 N.W.2d 496 (2013) (factors sentencing court should consider)
State v. Custer, 292 Neb. 88, 871 N.W.2d 243 (2015) (affirming sentences as modified to correct plain error)
State v. Kantaras, 294 Neb. 960, 885 N.W.2d 558 (2016) (plain error review for sentences contrary to statutory authority)