Daniel Founds, 31, was convicted Thursday of driving under the influence and sentenced to seven days in jail, in addition to a much longer sentence for previous crimes.Founds was charged with DUI March 22 when officers found him driving a stolen car and driving under the influence of alcohol.
Founds is already serving 220 days in jail. He was convicted June 26 of theft and carrying a concealed weapon. The DUI charge was filed separately.
Founds appeared before Lincoln County Judge Kent Turnbull Thursday and accepted a plea deal offered by Deputy County Attorney Angela Franz.
In exchange for Founds' no contest plea, Franz agreed that the sentence could be served at the same time as his previous sentence from district court.
Turnbull asked Founds if he wanted to accept the agreement. Founds said he thought so, and then said he didn’t know, and added that he thought he should.
Turnbull told him he wanted a yes or no answer.
“I can set this down the road and you can come back,” Turnbull said, “but if you keep on jacking me around, I may not go along with making your sentence concurrent – I might make it consecutive. Right now, the offer is for concurrent,” he said.
Founds said he wanted to accept the plea agreement.
Turnbull credited him with seven days he’s already served, fined him $500 and suspended his license for six months.
Also, Peter Witting was convicted Thursday of attempted possession of a controlled substance and theft by taking and sentenced to 90 days in jail.
Witting, 31, pled guilty in an agreement that reduced a possession charge to a misdemeanor. The other charges were dismissed.
Witting was charged with drug possession April 14 at the Knights Inn after a desk clerk reported that “a lot of people were coming and going” to a room he rented, police said.
Witting already had two outstanding warrants.
He gave police permission to search the motel room, which turned up a bag of white powder, two zip lock bags with powder residue, a bag of marijuana, THC wax and used syringes.
Witting was jailed on June 27 after the Nebraska Crime Lab confirmed the white powder was methamphetamine.
The theft charge came on May 20, when police investigated a theft at the Super 8 Motel. A maid went to clean the room Witting rented the night before and found the motel’s 32” TV missing.
Surveillance video showed Witting putting the TV in a vehicle, police said.
Deputy County Attorney Kortnei Hoeft made an allowance. She had no objection to Witting serving sentences for the two charges at the same time.
Witting, speaking on his own behalf, asked the court to consider his past record before determining the sentence.
“I have had no record in my 31 years, except for the past several months,” he said.
Lincoln County Judge Michael Piccolo issued the 90-day sentence, gave Witting credit for nine days in jail, and ordered him to pay court costs on all five charges.
Also, Amelia Diaz was convicted of second offense theft and sentenced to 60 days in jail.
Diaz, 60, pled guilty to taking ear buds, mobile phone cords and adaptors from a Kwik Stop on June 5.
Originally, she was charged with her third offense theft, but in exchange for her plea, Hoeft agreed to reduce it to second offense, which makes it a misdemeanor.
Hoeft said Diaz has served two 300-day sentences for shoplifting, and is on probation for a third conviction. Hoeft recommended a lengthy jail sentence “as she seems to be getting worse rather than better,” she said.
Before accepting the plea agreement, Piccolo warned Diaz not to appear before him again.
“You got a great benefit from the agreement,” he said. “The court has some concerns, but I will go along with it. If I see you again, with your history, I will not go along with any more plea agreements.”
He credited her with nine days served.
Anthony Huff was sentenced to 90 days in jail for attempted possession of marijuana.
He pled no contest to the reduced charge.
Huff, 57, was one of two Colorado men arrested May 31 with three pounds of pot on I-80. A Lincoln County Sheriff’s deputy stopped their car when they saw it driving on the shoulder of the passing lane.
Deputies said they smelled burnt and raw marijuana from the car, so they asked for consent to search, and received it.
They found a duffle bag in the trunk with three sealed packages of “raw marijuana.”
Deputy County Attorney Angela Franz said Huff will remain in jail after he serves the sentence, because he is wanted in Colorado for a parole violation.
Lincoln County Judge Kent Turnbull credited Huff with 37 days served.