State v. Lesac

Gary J. Lesac appeals from a judgment of conviction entered by the county court for Sarpy County, Nebraska, of driving while under the influence of a controlled substance, possession of marijuana (less than one ounce), and operating a motor vehicle left of the centerline. On appeal to the district court for Sarpy County, the convictions were affirmed.

The appellant assigns two errors: (1) the finding by the trial court that the State had introduced evidence sufficient to constitute a prima facie case of driving while under the influence of a controlled substance, and (2) the trial court’s…