State of Nebraska v. Eric C. Becher

Plattsmouth, Nebraska criminal defense laweyr represented the Defendant charged with felony drug possession.





On October 1, 2023, Becher was pulled over for speeding and the officer smelled marijuana coming from his vehicle. After Becher admitted he had marijuana, the officer conducted a search of the vehicle and found an unlocked combination bag. This bag contained various drug paraphernalia, two plastic baggies containing marijuana, three plastic baggies containing a white, powdery substance, and one plastic baggie containing mushrooms. A field test was completed, and

the white powdery substance tested positive for cocaine and the mushrooms tested positive for psilocybin.



On November 2, 2023, Becher was charged with possession of a controlled substance with intent to distribute, cocaine, a Class II felony and distribution of a controlled substance, psilocybin, a Class IIA felony. Becher ultimately pled guilty to possession of a controlled substance, cocaine, a Class IV felony, and possession of a controlled substance, psilocybin, a Class IV felony.



A sentencing hearing was held on April 15, 2024. The State addressed the court first and requested that Becher be sentenced to a term of incarceration. The State argued that incarceration was appropriate because Becher was at a high risk to recidivate due to his prior drug related convictions. Specifically, in 2015, he was convicted of possessing a controlled substance and was sentenced to 1 year's imprisonment. And in 2016, he was convicted on three counts of possessing a controlled substance and two counts of delivering or distributing or manufacturing or possessing a controlled substance. For these respective convictions, he was sentenced to three periods of 20 months to 5 years' imprisonment and two terms of 3 to 5 years' imprisonment.



Becher's attorney then addressed the court and explained that Becher used narcotics to mitigate his chronic bladder pain, interstitial cystitis, gross hematuria, and chronic posthitis. He explained that Becher underwent extensive surgery for these conditions and was prescribed multiple medications for his pain. He also discussed that Becher was on disability due to his medical issues and held a medical marijuana card from Colorado. He continued to argue that Becher cooperated with law enforcement, took responsibility for his actions, and was participating in outpatient treatment. With this, he requested that Becher receive a term of probation.





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CRIMINAL LAW. SENTENCING DISCRETION. The case addresses whether the district court abused its discretion by imposing a sentence of imprisonment rather than probation, despite a statutory presumption of probation for Class IV felony convictions under Nebraska law.



CRIMINAL PROCEDURE. SENTENCING REASONING. The court examined whether the district court adequately articulated substantial and compelling reasons for withholding a term of probation, as required by Nebraska statutes, when sentencing the appellant to imprisonment.



Key Phrases Possession of controlled substance. Class IV felony convictions. Excessive sentence. Substantial and compelling reasons. Abuse of discretion.

Affimed