Multiple crimes send Atkinson man to penitentiary

Andrew J. Harris, 34, of Atkinson was sent to prison by the Honorable Mark Kozisek in the district court of Holt County on Monday.

Harris was sentenced to concurrent 18-month terms in an institution under the jurisdiction of the Nebraska Department of Corrections, with credit for 136 days served, for convictions of counts I and II, attempted burglary and attempted theft by unlawful taking, both Class 3A felonies committed Jan. 3 near Stuart; and two concurrent 12-month prison terms, to be served consecutive to the 18-month terms, for convictions of counts III and IV, Class 4 felonies, theft by unlawful taking, between $1,500 and $5,000, and possession of burglar tools, at an Atkinson business. In addition, he was ordered to serve 12-months of post-release supervision on all four counts, to be served concurrently under the jurisdiction of the Office of Probation Administration, along with $390 in post-release supervision fees. He was remanded to the custody of the Holt County sheriff for transportation to the Nebraska Penal Complex near Lincoln, for commitment.

Harris was advised, assuming he loses none of his good time, he must serve nine months, less 136 days on counts I and II; and six months on counts III and IV.

Harris pleaded guilty to all four counts April 30, after reaching a plea agreement with Brent Kelly, Holt County prosecutor. Pursuant to the plea deal, Kelly amended counts I and II, from the original Class 2A felony charges of burglary and theft by unlawful taking, more than $5,000. In addition, Kelly agreed not to pursue habitual criminal enhancement and the parties agreed to jointly recommend sentences for counts III and IV be concurrent. Sentencing for counts I and II were not part of the deal, except for agreement for post-release supervision to be concurrent for all four convictions.

Harris was arrested Jan. 3, following an investigation into the theft of a 2000 Chevy pickup from the Stuart concrete plant and a separate burglary of a cash register and currency, the same day, from Superior Health Services, a business located in the same building as the apartment where Harris resided.

He was represented by Holt County public defender Rod Smith of O’Neill.