State v. Heaton

Defendant, Patrick J. Heaton, Jr., appeals from the judgment of the district court which revokes his probation and sentences him to the Nebraska Penal and Correctional Complex for a period of not less than 18 nor more than 24 months, with credit to be given for the 2 months he served in the county jail as required by the terms of probation. He assigns as error the trial court’s finding that the violation of a condition of his probation was willful and thus warranted revocation of probation. We reverse and remand with direction.

Heaton was adjudged guilty of perjury in violation of Neb. Rev.…