State v. Bell

Defendant, Larry E. Bell, was convicted by a jury of shoplifting an item worth less than $100, in violation of Neb. Rev. Stat. § 28-511.01 (Reissue 1989). Following an enhancement hearing, this conviction was found to be a third offense and as such, under the provisions of Neb. Rev. Stat. § 28-518(6) (Reissue 1989), became a Class IV felony. Defendant was sentenced to a term of imprisonment of 20 months to 5 years.

Defendant assigns as error that the court erred (1) in excluding evidence of defendant’s poor memory; (2) in enhancing defendant’s sentence under the provisions of § 28-518(6),…