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State v. Campbell1/5/2001
ed that Campbell then got back in the car, slammed the door, and locked herself in again. Rech further stated that Campbell then got back out of the car. At that time, he again informed her that she was under arrest and a scuffle then ensued. Brazda and Novy testified that Campbell got out of the car on only one occasion and was then told she was under arrest. The testimony is not disputed, however, that Campbell was told prior to the officers' attempts to handcuff her that she was under arrest. Both officers testified that during the scuffle, they told Campbell to stop resisting. However, Novy testified she did not recall hearing the officers tell Campbell to stop resisting.
During his testimony, Brazda described the specialized training he had received regarding the detection of controlled substances, including marijuana. Brazda testified that he had received 24 weeks of basic training, which included detection of controlled substances violations. He also had received "DEA schooling," which dealt with basic apprehension and detection of controlled substances violations, attended a "drug interdiction and criminal interdiction school" instructed by the Nebraska State Patrol, and attended a "drug interdiction and criminal interdiction course" instructed by the Nebraska Office of Highway Safety. Marijuana was one of the controlled substances covered by each of these programs. Brazda further testified that he had acted as an undercover narcotics officer for 6 months, during which time he purchased controlled substances on a day-to-day basis. Brazda testified that through his training and experience, he had smelled marijuana, had seen marijuana, and had observed the manner in which marijuana is used. Brazda testified that the cigarette found in Campbell's purse was marijuana. Campbell objected to this testimony, asserting that Brazda lacked foundation to testify that the substance was in fact marijuana. The court overruled the objection.
The court found Campbell guilty of second degree trespass; possession of marijuana, less than 1 ounce; resisting arrest; and obstructing a peace officer. The court found Campbell not guilty of third degree assault on a police officer and possession of drug paraphernalia, determining that the State had not met its burden of proof as to those charges.
On January 28, 2000, Campbell was sentenced to 90 days in jail for trespassing, 270 days in jail for resisting arrest, 270 days in jail for obstructing a peace officer, and a $100 fine for marijuana possession, plus costs. The jail sentences were to be served concurrently.
On February 16, 2000, Campbell filed a notice of appeal and a poverty affidavit stating that "she is indigent and cannot pay the costs on appeal." Campbell's affidavit did not include a statement of the nature of the action, defense, or appeal, or a statement that she believed she was entitled to redress. The district court granted Campbell leave to proceed in forma pauperis.
ASSIGNMENT OF ERROR
Campbell claims, restated, that the district court erred in determining that the evidence was sufficient to find her guilty beyond a reasonable doubt on each of the four counts.
STANDARD OF REVIEW
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. State v. Lara, 258 Neb. 996, 607 N.W.2d 487 (2000); State v. Blackman, 254 Neb. 941, 580 N.W.2d 546 (1998). 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 with
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