State v. Blank

In 1988, the appellant, Jeffrey M. Blank, was charged with being a felon in possession of a firearm and with being a habitual criminal. Pursuant to a plea bargain, the habitual criminal allegation was dismissed and Blank entered a plea of no contest to the charge of felon in possession. See Neb. Rev. Stat. § 28-1206 (Reissue 1989). Before the date set for sentencing, Blank discovered that Initiative 403 had been passed in November 1988 and the “right to bear arms” amendment to the Nebraska Constitution had been adopted. See State v. Comeau, 233 Neb. 907, 448 N.W.2d 595 (1989). Believing he…