State v. Stafford

Full title: STATE OF NEBRASKA, APPELLEE, v. DAVID E. STAFFORD, APPELLANT

Court: Supreme Court of Nebraska

Date published: Feb 25, 1983

330 N.W.2d 739 (Neb. 1983)

330 N.W.2d 739

Opinion

No. 82-556

Filed February 25, 1983.

Appeal from the District Court for Douglas County: JERRY M. GITNICK, Judge. Affirmed.

Thomas M. Kenney, Douglas County Public Defender, for appellant.

Paul L. Douglas, Attorney General, and Sharon M. Lindgren, for appellee.

KRIVOSHA, C.J., BOSLAUGH, McCOWN, WHITE, HASTINGS, and CAPORALE, JJ., and WARREN, D.J.

CAPORALE, J.

This case is controlled by our opinion in State v. Coffman, ante p. 560, 330 N.W.2d 727 (1983). Defendant-appellant, David E. Stafford, while a prisoner at the Nebraska Penal and Correctional

Complex, was assigned on work release to the Omaha Post Care Center on September 16, 1981. On December 23, 1981, the defendant failed to return to the Omaha Post Care Center and was thereafter arrested, charged, and convicted of escape pursuant to Neb. Rev. Stat. § 28-912 (Reissue 1979).

The judgment of the trial court is correct and is affirmed.

AFFIRMED.