State v. Pierce

A jury convicted Randy Pierce of criminal mischief in violation of Neb. Rev. Stat. § 28-519(l)(a) (Reissue 1985). The court sentenced Pierce under § 28-519(2), Class IV felony punishment for criminal mischief resulting in pecuniary loss exceeding $300.

Pierce assigns as error the district court’s failure to grant defendant’s motion for a directed verdict of acquittal, failure to instruct properly on “pecuniary loss” relative to the crime of “criminal mischief,” failure to direct a verdict on the issue of pecuniary loss relative to the grades of criminal mischief, failure to declare a mistrial…