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State v. Campbell1/5/2001
1. Trial: Convictions: Appeal and Error. A conviction in a bench trial of a criminal case is sustained if the properly admitted evidence, viewed and construed most favorably to the State, is sufficient to support that conviction. In making this determination, an appellate court does not resolve conflicts in evidence, pass on credibility of witnesses, evaluate explanations, or reweigh evidence presented, which are within a fact finder's province for disposition.
2. Jurisdiction: Appeal and Error. Before reaching the legal issues presented for review, it is the duty of an appellate court to determine whether it has jurisdiction over the matter before it.
3. Affidavits: Appeal and Error. As long as the poverty affidavit itself includes some indication that a defendant is requesting or applying for in forma pauperis status, Neb. Rev. Stat. § 25-2301.01 (Cum. Supp. 2000) does not require that a separate application be filed in addition to the poverty affidavit.
4. Courts: Jurisdiction: Affidavits: Notice: Appeal and Error. If a district court grants leave to proceed in forma pauperis, an appellate court obtains jurisdiction when the notice of appeal is filed, and failure of the affidavit to state the nature of the action or that the affiant is entitled to redress does not divest an appellate court of jurisdiction.
5. Constitutional Law: Jurisdiction: Appeal and Error. Jurisdiction is vested in an appellate court through the state Constitution and the Legislature, Neb. Const. art. V, § 2, and Neb. Rev. Stat. § 24-204 (Reissue 1995).
6. Rules of the Supreme Court: Jurisdiction: Appeal and Error. Although failure to comply with the Nebraska Supreme Court rules may in some instances result in its not considering an issue raised on appeal, failure to comply with Neb. Ct. R. of Prac. 9D(1)c (rev. 2000) is not jurisdictional and does not divest the court of jurisdiction.
7. Trial: Expert Witnesses. Whether a witness is qualified as an expert is a preliminary question for the trial court.
8. Trial: Expert Witnesses: Appeal and Error. A trial court is allowed discretion in determining whether a witness is qualified to testify as an expert, and unless the court's finding is clearly erroneous, such a determination will not be disturbed on appeal.
9. Trial: Expert Witnesses. A person may qualify as an expert by virtue of either formal training or actual practical experience in the field.
10. Police Officers and Sheriffs: Testimony. A law enforcement officer who has practical experience, received training, or participated in drug investigations involving the identification of marijuana may testify as to whether a substance in question is marijuana.
11. Police Officers and Sheriffs: Convictions: Evidence. Evidence showing that a defendant resisted handcuffing, struggled with an officer, and continued to resist restraint are alone sufficient to sustain a conviction for obstructing a peace officer.
Appeal from the District Court for Sarpy County, William B. Zastera, Judge. Affirmed.
INTRODUCTION
Matina L. Campbell was convicted in Sarpy County District Court of second degree trespass; possession of marijuana, less than 1 ounce; resisting arrest; and obstructing a peace officer. Campbell appeals, claiming there was insufficient evidence to convict her. We moved this case to our docket pursuant to our power to regulate the Nebraska Court of Appeals' caseload and that of this court. See Neb. Rev. Stat. § 24-1106(3) (Reissue 1995).
BACKGROUND
On May 21, 1999, Campbell was arrested for driving under the influence of alcoholic liquo
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