State v. Rubek

Sievers, Judge.

In a question of first impression, we decide whether in a prosecution for violation of a protection order, second offense, the State’s burden of proof includes proof of the first violation of the same order. Russell M. Rubek, Sr., was charged in the district court for Sarpy County with violation of a protection order, second offense, and with being a habitual criminal. See Neb. Rev. Stat. §§ 42-924(3) (Reissue 1998) and 29-2221 (Reissue 1995). After the State presented its case against Russell, the trial court sustained Russell’s motion for a directed verdict and dismissed the…