State of Nebraska v. Tammy S. Beck

Lincoln, Nebraska criminal defense lawyer represented the Defendant charged will drug possession.



In June 2023, the State charged Tammy S. Beck, in two separate cases, with one count of possession of methamphetamine, each a Class IV felony. Pursuant to a plea agreement in which the cases were consolidated for the plea hearing, Beck pled no contest to reduced charges of two counts of attempted possession of methamphetamine, Class I misdemeanors. The court informed Beck of the nature of the charges, the potential immigration consequences of entering a plea, the

presumption of innocence, the right to a jury trial, the right to confront witnesses, the right against self-incrimination, and the range of penalties for the crimes charged.



Beck acknowledged that she had the opportunity to go over all the aforementioned rights with her lawyer, she did not need any additional time to confer with her lawyer, and she understood that she was freely and voluntarily waiving all of those rights. Beck also responded affirmatively when asked if she told her lawyer everything about the cases, that she was not aware of helpful information that she had not disclosed to her lawyer, that she was satisfied with the job that her lawyer had done for her, that she believed her lawyer was competent, that her lawyer had not refused or neglected to do anything that Beck had asked of her lawyer, and that she had sufficient time to discuss her cases with her lawyer and did not need any additional time to confer with her lawyer.



The State provided a factual basis which set forth that, in the first case, at 2:13 a.m. on December 24, 2021, officers conducted a traffic stop after observing a motorist fail to use a signal to turn. Upon contacting the driver and sole occupant of the vehicle, identified as Beck, the officer realized that he was familiar with Beck from previous narcotics investigations and knew her to be involved in the use of controlled substances, specifically methamphetamine. During this traffic stop, officers conducted a probable cause search after observing an open bottle of Jose Cuervo on the back seat of the vehicle. During the search, officers located additional open alcohol containers and a single hypodermic needle containing suspected methamphetamine residue inside of the back seat. The substance was later confirmed to be methamphetamine.



The State provided the following factual basis for the second case, which set forth that on October 8, 2021, officers conducted another traffic stop after observing a motorist fail to use a signal to turn. Officers had previously observed the same vehicle at a residence that was known to be involved in the use and sales of controlled substances, specifically methamphetamine. Officers contacted the driver and sole occupant of the vehicle, who was identified as Beck. As officers approached the vehicle, they observed Beck make furtive movements while seated in the driver's seat and appearing to be extremely nervous. Although Beck showed signs of recent drug use and admitted to smoking marijuana, she denied using methamphetamine for over a year and consented to a search of her person and vehicle. During the search of the vehicle, officers located a plastic container with 13.6 grams of marijuana inside. They also located several items of drug paraphernalia including a marijuana pipe, grinder, and plastic straw, all containing marijuana and methamphetamine residue. And, during a search of a backpack, officers located a single baggy containing suspected methamphetamine, which was later confirmed to be methamphetamine, and several prescription pill bottles with Beck's name on them.



At the sentencing hearing, the court noted that Beck had numerous convictions related to drug offenses, had a previous opportunity at probation, and "had opportunities all over the place to get your act together," and that "the natural consequence for breaking the law for you at this point in time is that you're going to be incarcerated because otherwise it just overlooks all of the mess that you get yourself into." The court specifically found:



So having regard for the nature and circumstances for these crimes, your history, character, and condition, I absolutely find that imprisonment is necessary.



I find that the risk is nearly certain during any period of probation you would engage in additional criminal conduct, and I find that lesser sentences would depreciate the seriousness of these crimes and promote disrespect for the law.



For the offense that occurred on December 24, 2021, the district court sentenced Beck to 180 days' imprisonment with credit for 9 days previously served. For the offense that occurred on October 8, 2021, the court sentenced Beck to 180 days' imprisonment. The sentences were ordered to be served consecutively.



State v. Beck, A-24-138, A-24-139 (Neb. App. Nov 05, 2024)

Affirmed