State v. Wells

NATURE OF CASE

Richard Wells, appellant, was convicted by a jury of three counts of criminal mischief, a Class IV felony, in violation of Neb. Rev. Stat. § 28-519(2) (Reissue 1995). Wells appeals his convictions and sentences. We affirm Wells’ convictions, we affirm the portions of the sentences imposing incarceration, and we vacate the portions of the sentences regarding restitution and remand the cause to the district court with directions.

FACTS

Wells did not testify to the jury at trial. However, before trial and in his testimony, Wells admitted to the salient facts in connection with his…