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State v. Hittle8/10/2004
[Hittle] had the benefit of a plea agreement which reduced the offense to a Class IV felony from a more serious felony. Besides his three full pages of traffic offenses, he has five prior sentences to the Nebraska -- the State of Nebraska Department of Corrections, 1990, 1992, 1993, 1994, 1999, at that time he received sentences of 15 months to four years on two offen[s]es to run consecutively.
The record supports the court's statements. The presentence investigation report indicates one or more convictions for all of the following: harassing telephone calls, third degree assault, assault, carrying a concealed weapon, account-closed checks, first degree arson, conspiracy to commit a felony, possession of a stolen firearm, possession of methamphetamine with intent to deliver, possession of a controlled substance, possession of marijuana, false information, theft, possession of stolen property, flight to avoid arrest, disturbing the peace, resisting arrest, failure to appear, and contempt of court. Hittle's record also reflects at least five convictions for driving under the influence, as well as eight convictions for driving without a license or driving during suspension.
Finally, the probation officer that completed Hittle's presentence investigation report specifically stated:
[Hittle] has a very extensive criminal history. [Hittle] has been sentenced to the Nebraska Department of Correction on five different occasions. [Hittle] was only out of jail approximately 30 days before he was arrested for this offense.
[Hittle] exceeds the threshold for Intensive Supervision Probation and the Work Ethic Camp. [Hittle] has continually demonstrated that he has every intention of operating a motor vehicle while his license is suspended in spite of any consequences. The risk is substantial that [Hittle] will engage in additional criminal conduct if grant[ed] a period of probation. [Hittle] is in need of further correctional treatment, which can best be provided by a commitment to the Nebraska Penal and Correctional Center. A less[er] sentence would depreciate the seriousness of this crime.
In light of Hittle's criminal record, as well as the presentence investigation report, we cannot find that the district court's ruling is clearly untenable or unfairly deprives Hittle of a substantial right and a just result. As such, the court did not abuse its discretion in sentencing Hittle and the ruling is affirmed.
V. CONCLUSION
We find that the district court did not abuse its discretion in entering Hittle's plea as a plea of no contest. In addition, we find that the district court did not abuse its discretion in sentencing Hittle. Accordingly, we affirm.
Affirmed.
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