Imprisoned man asks for amended sentence

The Honorable Mark Johnson denied an incarcerated man’s request for an amended sentence when he presided over the Antelope County district court last Wednesday, Nov. 25, in Neligh.

Robert Wagle, 36, is currently imprisoned at the Diagnostic and Evaluation Center in Lincoln, under the jurisdiction of the Nebraska Department of Correctional Services.

He was sentenced Sept. 30, by Johnson, to serve four to eight years for a Class 2A felony theft conviction. He was given credit for eight days previously served. The sentence was ordered concurrent to a Wayne County sentence.

Wagle was convicted of three counts in Wayne County on Sept 24 in a related case, sentenced by the Honorable James Kube to determinate terms totaling five years, with credit for 293 days previously served.

Wagle filed a request in early November, asking Johnson to add credit for the 293 days to the eight allowed in the Antelope County sentence.

Wagle’s conviction was the result of his theft of a truck owned by Boyd’s Electric from a wind farm construction site south of Clearwater in December 2019, and a pursuit that ended in Wayne County when he struck two law enforcement vehicles with the truck.

Kristen R. Bliss, 25, of Norfolk was resentenced by Johnson on her original conviction of a Class 4 felony, after she admitted violating terms of probation.

Bliss admitted violating probation last week, after reaching a plea deal with Abler. In return, he agreed not to object to a sentence concurrent to one in a nearby county.

Bliss’ probation was revoked and she was ordered to serve 270 days in a facility under the jurisdiction of the department of corrections, concurrent to a Wayne County sentence.

Bliss had been sentenced to 18-months substance abuse supervised probation in December 2019, for a conviction of possessing of a controlled substance, oxycodone. Multiple violation allegations were filed by her probation officer Jan. 27 and amended Feb. 3. The January document noted Bliss had absconded as of Jan. 24. She was arrested Jan. 30 on Stanton County charges and appeared in Neligh on the violation allegations Feb. 26. Johnson issued a warrant for her arrest after she failed to appear March 25. The warrant was served Oct. 27 when she was released from the Nebraska Correctional Center for Women in York, where she served a sentence in the Stanton County case.

Bliss was represented by Carney. She was remanded to the custody of Antelope County sheriff Bob Moore, for purpose of executing the sentence.

Dennis J. Wilson, 29, of Norfolk appeared before Johnson for resentencing on a Class 4 felony conviction of possessing a controlled substance, methamphetamine, committed in November 2019.

Johnson ordered Wilson to serve 270 days in the Antelope County Jail, with credit given for 16 days previously served.

He had been sentenced to a 24-month term of probation in June. Abler filed a motion to revoke probation Sept. 22, citing a July 24 Madison County arrest for third-degree domestic assault. In October, Wilson admitted violating probation.

Wilson, who was represented by Carney, was remanded to Moore’s custody.

Wesley D. Hattula, 21, of Oakdale, currently incarcerated at the Antelope County Jail, appeared for a pretrial hearing on three counts, Count I, incest with person under 18-years of age, a Class 2A felony; Count II, manufacture of child pornography, a Class 1D felony; and Count III, possession of child pornography, a Class 4 felony.

A plea agreement was announced. Hattula withdrew his not guilty pleas and pleaded guilty to counts I and III. In return, Abler dismissed Count II and agreed to file no additional charges in the case.

The penalty for conviction of a Class 2A felony is up to 20 years imprisonment; a Class 1D felony, a maximum of 50 years; and for a Class 4 felony, up to two years and/or a $10,000 fine.

Johnson ordered a presentence investigation report and set sentencing for Jan. 27, 2021. Aggravated offense determination will be addressed at that time as well.

A $100,000, 10% bond is continued, with a condition for no contact with anyone under 18, neither direct nor indirect. He was remanded to Moore’s custody.