Zeleny v. State
298 Neb. 244
| Neb. | 2017Background
- James R. Zeleny was charged in county court with DUI enhanced for a high breath-alcohol level; plea agreement amended charge verbally to a first-offense DUI based on .15 but no written amended information was filed.
- At plea hearing a factual basis was recited: Zeleny reported a single-vehicle crash, exhibited signs of intoxication, failed field sobriety and preliminary breath tests, and a hospital blood test showed BAC .297.
- Zeleny pleaded guilty to the verbally amended charge; the county court later denied his motion to arrest judgment asserting the plea lacked a proper factual basis because the charge alleged breath measurement while the factual basis relied on blood results.
- Zeleny sought a writ of prohibition in district court to prevent the county court from sentencing him; the district court denied the petition.
- Zeleny appealed the denial of the writ of prohibition to the Nebraska Supreme Court; he also assigned error to the county court’s denial of the motion to arrest judgment.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether the denial of the county court’s motion to arrest judgment is before this Court | Zeleny argued the county court erred in denying the motion to arrest judgment | State argued only the writ denial is properly appealed | Court held it lacked jurisdiction to review the county court order because appeal was only from the district court’s final order denying prohibition |
| Whether writ of prohibition should issue to prevent sentencing | Zeleny argued plea lacked sufficient factual basis (breath vs. blood discrepancy) so sentencing should be enjoined | State argued county court had jurisdiction to sentence and other remedies existed | Court held prohibition was not warranted: sentencing power was authorized and other adequate remedies (withdraw plea or appeal after sentencing) existed |
Key Cases Cited
- State v. Loyd, 269 Neb. 762, 696 N.W.2d 860 (2005) (appellate jurisdiction limits and final order principles)
- Conkling v. Delany, 167 Neb. 4, 91 N.W.2d 250 (1958) (writ of prohibition principles)
- State, ex rel. Wright v. Barney, 133 Neb. 676, 276 N.W. 676 (1937) (writs and appellate review)
- State of Nebraska ex rel. Line v. Kuhlman, 167 Neb. 674, 94 N.W.2d 373 (1959) (prohibition as preventive remedy)
- Line v. Rouse, 241 Neb. 779, 491 N.W.2d 316 (1992) (criteria for issuing prohibition)