State v. Lesiak

The defendant was convicted by a jury of procuring alcoholic liquor for a minor, in violation of Neb. Rev. Stat. § 53-180 (Reissue 1988), and was sentenced to 60 days in the county jail. Prior to trial, the defendant filed a motion for an alcohol evaluation at The Mid-East Nebraska Mental Health Clinic at the State’s expense. After an evidential hearing, the motion was overruled.

Upon appeal to the district court, the judgment was affirmed. The defendant has now appealed to this court and contends that the trial court erred in denying his motion for an alcohol evaluation at the State’s expense…