State v. Bret

Summary

The Nebraska Supreme Court vacated Melissa Bret's Class IV felony classification and one-year sentence for theft by shoplifting because the State introduced no evidence of qualifying prior convictions and the court made no finding establishing them. The court held that theft enhancement requires a separate proceeding before sentencing, proof by a preponderance of the evidence, and a finding by the greater weight of the evidence. The court also held that the State did not waive or forfeit enhancement because no enhancement proceeding occurred and the record did not show an intentional relinquishment of that issue.