IN THE NEBRASKA COURT OF APPEALS MEMORANDUM OPINION AND JUDGMENT ON APPEAL (Memorandum Web Opinion) STATE V. KELLOGG NOTICE: THIS OPINION IS NOT DESIGNATED FOR PERMANENT PUBLICATION AND MAY NOT BE CITED EXCEPT AS PROVIDED BY NEB. CT. R. APP. P. § 2-102(E). STATE OF NEBRASKA, APPELLEE, V. DAEVIER K. KELLOGG, APPELLANT. Filed December 20, 2022. No. A-22-240. Appeal from the District Court for Douglas County: KIMBERLY MILLER PANKONIN, Judge. Affirmed. Sandra L. Jarvis, of Jarvis Criminal & Immigration Law, for appellant. Douglas J. Peterson, Attorney General, and Jordan Osborne for appellee. PIRTLE, Chief Judge, and BISHOP and WELCH, Judges. BISHOP, Judge. I. INTRODUCTION Daevier K. Kellogg pled no contest to one count of attempted possession of a deadly weapon by a prohibited person in violation of Neb. Rev. Stat. §§ 28-1206(1)(a) and (3)(b) and 28-201(4)(a) (Cum. Supp. 2020). The Douglas County District Court sentenced Kellogg to 22 to 28 years’ imprisonment. Kellogg claims that his sentence was excessive and that he received ineffective assistance of trial counsel. We affirm. II. BACKGROUND On September 7, 2021, the State filed an information charging Kellogg with one count of possession of a deadly weapon by a prohibited person, a Class ID felony, and one count of possession of a stolen firearm, a Class IIA felony. On September 23, the district court accepted Kellogg’s plea of not guilty. -1- During a hearing held on January 20, 2022, the parties indicated that a plea agreement had been reached in the case. Pursuant to the agreement, the State moved to dismiss the pending violation of probation in a separate case, requested that the district court terminate that probation, and filed an amended information charging Kellogg with one count of attempted possession of a deadly weapon by a prohibited person, a Class II felony. After the court advised Kellogg of his constitutional rights and the consequences of entering a plea of no contest, Kellogg pled no contest to the single count in the amended information. According to the factual basis provided by the State: [O]n or about August 2nd, 2021, officers respond[ed] to a fight/disturbance. They s[aw] [Kellogg] trying to fight another individual. As officers approached, [Kellogg] tried to leave the area. They detained him. He resisted arrest. Officers located a firearm concealed upon [Kellogg]’s person in his pants. . . . [Kellogg] is a prohibited person preventing him from owning or possessing firearms. All events occurr[ed] in Douglas County, Nebraska. The parties stipulated that, on August 2, 2021, “Kellogg was a prohibited person by virtue of a valid felony conviction.” The district court accepted the stipulation and took judicial notice of a prior case wherein Kellogg was convicted of a felony. The court granted the state’s motion to dismiss a probation violation in a separate case; Kellogg’s probation in that case was terminated unsatisfactorily. The court informed Kellogg that it would order a presentence investigation. After a hearing held on March 10, 2022, the district court sentenced Kellogg to 22 to 28 years’ imprisonment. Kellogg …
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