State v. Botts

INTRODUCTION

We granted the State's petition seeking further review of the decision of the Nebraska Court of Appeals, remanding the cause with directions to vacate Kirk A. Botts' conviction and to dismiss the charge against him. We reverse the decision of the Court of Appeals and remand the cause with directions.

FACTUAL BACKGROUND

Botts was charged with possession of a deadly weapon by a prohibited person under Neb. Rev. Stat. § 28-1206 (Reissue 2016). Botts' motion to suppress was denied. Following a jury trial, Botts was convicted and eventually sentenced to 1 year's imprisonment and 1 year…