State v. Wilkinson, 293 Neb. 876

On Jan 29, 2014, Sidney police cited John Hehnke (public works director) for disturbing the peace after he admitted looking into a resident’s window.
Officer Tim Craig signed the citation; Neb. Rev. Stat. § 29-424 requires a signed citation be delivered to the prosecuting attorney “as soon as practicable.”
Byron Wilkinson, Sidney chief of police, removed Hehnke’s citation from the packet and retained it for over a year, later explaining he acted to protect city projects and Hehnke’s employment for political/administrative reasons.
Wilkinson initially pleaded not guilty, then changed to no contest to a charge under Neb. Rev. Stat. § 28-901 (obstructing government operations). He did not move to quash the amended complaint.
County court found Wilkinson guilty and sentenced him to 30 days jail and costs; the district court affirmed on appeal, and the Nebraska Supreme Court granted further review and affirmed.

Issue	Plaintiff's Argument (State)	Defendant's Argument (Wilkinson)	Held
Sufficiency of factual basis for plea	The record shows Wilkinson intentionally removed the citation, breaching official duty and impairing prosecution, satisfying § 28-901 elements	Wilkinson claimed his role as chief allowed discretion under § 16-323 to withhold citations ("immediate superintendence") and he intended administrative—not obstructive—action	Court held factual basis sufficient: Wilkinson intentionally breached official duty (violating § 29-424), impaired prosecutorial function, and had requisite intent; plea supported
Adequacy of amended complaint/notice	Complaint tracked statutory language of § 28-901 and gave adequate notice of charge	Wilkinson argued statute lists alternative means (force, breach of duty, other unlawful acts) and State should specify which method he was charged with	Court held complaint sufficient; charging all alternative methods in statute is permissible and provided adequate notice
Excessiveness of sentence	Sentence (30 days) within statutory limits and county court considered mitigating/aggravating factors	Wilkinson argued mitigating facts (military/service, lack of prior record, family ties, benevolent motive) warranted reduced sentence	Court held sentence not excessive; county court properly weighed factors and did not abuse discretion

State v. Duncan, 291 Neb. 1003 (Neb. 2015) (standards for identifying statutory elements of offense)
State v. Landera, 285 Neb. 243 (Neb. 2013) (unchallenged information sufficient on appeal unless wholly defective)
State v. Hall, 268 Neb. 91 (Neb. 2004) (trial court discretion in accepting guilty pleas)
State v. Golgert, 223 Neb. 950 (Neb. 1986) (standards for sufficiency of charging instrument)
State v. Bowen, 244 Neb. 204 (Neb. 1993) (indictment may allege alternative means of committing offense without violating notice requirements)
State v. Williams, 282 Neb. 182 (Neb. 2011) (factors sentencing judges should consider)
State v. Bazer, 276 Neb. 7 (Neb. 2008) (limits on plea challenges after acceptance)
State v. Stolen, 276 Neb. 548 (Neb. 2008) (mens rea for obstructing government operations defined as intent to frustrate a public servant in performance of a specific function)