State v. Roberts

INTRODUCTION

John M.C. Roberts was found guilty of possession of a controlled substance, a Class IV felony, and sentenced to 1 year’s imprisonment in the county jail. Roberts appealed to the Nebraska Court of Appeals, which summarily affirmed the decision without opinion on August 31, 2000. Roberts then petitioned for further review, which this court granted.

FACTUAL BACKGROUND

At approximately 4 a.m. on April 9, 1998, Randy Overton called the Adams County Sheriff’s Department and requested that an officer come to the apartment where Overton was stay ing to remove Roberts. An argument had…