State v. Savage

**876 *698 I. NATURE OF CASE

Courtney J. Savage was arrested and charged with possession of a controlled substance with intent to deliver, in violation of Neb. Rev. Stat. § 28-416 (2)(a) (Reissue 2016), a Class II felony. He was further alleged to be a habitual criminal pursuant to Neb. Rev. Stat. § 29-2221 (Reissue 2016). During trial, the State produced evidence of text messages from what was purported to be Savage's cell phone, which indicated that Savage was selling the illegal drug methamphetamine. Savage objected to the offer of the text messages on foundation and hearsay grounds, primarily…